Hi,

I am green card holder and I married to a girl who is on student visa in August 2011.
I haven't filed for her green card application.
HOw should I file tax ? Jointly or separately ?
Please provide details.

Thanks,
Bhargav

Choice 1. You file as married filing separately and your spouse files nonresident tax return.
Choice 2. You file joint return as residents. Both must report worldwide income for the year. Your U.S. Tax Return: Filing Status for Married

Thank you for the response.
If I file jointly as resident, do we file only 1040 or also 1040 NR ?
She does not have SSN or any income in last year, how to get tax payer ID for her? Do I provide marriage certificate for reference?
To file jointly, do I need any kind of affidavit of support as I haven't filed for her green card yet?
Which is more preferable, filing jointly or separately ?
Can it create any problme in future when I become citizen and apply for her green card, during interview?

Thank you for your help.

Also she did not have any income here on F1 status. But she was working for a company in foreign country. DO I need to mention that income?

Thanks

Joint return and married filing separately are resident returns.
F1 visa holders can get SSN. So your spouse should get it. Filing joint return will not affect the green card or citizenship process.
On joint return both must report worldwide income. For foreign income, you can use foreign income exclusion Form 2555 or foreign tax credit form 1116.
You must also be aware of forms TD F 90-22.1 (also known as FBAR) and 8938 Specified foreign financial assets (SFFA). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

She doesn't have her SSN yet as she does not have any on-campus job. So as she is an international student, she was advised by her college to get tax ID number by filing some W7 form.
Will that be something she would need to file? And that before we file tax returns so we have some kind of tax ID of her when we file tax retuns?
Also, its good to know filing joint tax for a green card holder and F1 visa couple does not affect her green card process.

Thanks.

You submit the Form W-7 WITH the joint tax return. The identification document is easy: make a clear photocopy of the picture page of her passport and the picture page of her visa, then take them to the local bank WITH the passport/visa and have them notarized as TRUE COPIES.

If, for some reason the bank's notary will not do it (it is NOT permitted in California), make an appointment with the local IRS office and have then certify it as a true copy.

Staple the natrized photocopies to the Form W-7, paper clip the W-7 to the joitn tax return, have your wife sign BOTH the w-7 and the tax return (you need to sign as well), then mail everything to the IRS ITIN Processing Center in Austin, Texas. The exact address can be found in the Form w-7 instructions.

BE SURE to use the most up-to-date version of the Form W-7, which can be donwloaded from www.irs.gov.

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