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Askme_76
Feb 4, 2008, 12:55 PM
Experts,
I am holding L1 visa and my spouse is holding L2 visa (she is not working). I am filing my Tax return under option 'Married filing jointly'. I am still in USA for more than 9 months.

1) In w7 which option [a-h] i have to select for her?
2) what is the difference between resident alien and nonresident alien?
3) My baby is born this year in USA and has SSN. Just to confirm do I need to file any other form for her to get ITIN?

AtlantaTaxExpert
Feb 6, 2008, 12:21 PM
1) Check E.

2) Tax-wise, a resident alien files taxes just like a U.S. citizen; a non-resident alien files Forms 1040NR or 1040NR-EZ. Income tax rates are generally the same, but resident aliens are eliible for certain credits (like the Child Tax Credit or education credits) that non-resident aliens CANNOT claim.

3) No, use her SSN. She does NOT need to apply for an ITIN.