Hi,

I am working in US since Nov25' 2007. My wife & my kid is in India. They have never been to US.

I am planning to file my FIRST US tax return for 2007 for the period Nov25 - Dec31st'2007.

My Q's are:

1. Can I file my return in form 1040? I am planning to stay in US for more than 183 days during 2008.

2. Can I file my return in the status of Married filing jointly? I am planning to file W-7 form for ITIN for my wife.

3. Can I claim exemption for my child who is in India? If yes does I need to submit W-7 form for ITIN for my child also along with my tax return?

4. Can I claim Earned Income Credit (EIC) for my child who is in India?

Please reply ASAP?

Thanks a lot in advance.

Regards
DG

You can file jointly with your wife, but you need your wife's signature on BOTH the tax return and the W-7 for her ITIN. That will make for a lengthy submission process.

Under special guidance from the IRS, I believe you can claim your child and claim the Child Tax Credit for the child, but it IS iffy because you may not be able to get the child an ITIN if they have never been in the U.S.

You are NOT eligible for the EIC.