I am in the United States since January 1, 2006 and I am still here in United States. I am in H1 Visa and my wife and son are on H4. We all arrived together.

Can I consider my self as resident alien for filing tax return?

Can I file return as a married filing jointly? My wife is not working.

If you arrived in the U.S. exactly on 1 January 2006, then you can file jointly with your wife as resident aliens, claiming your son as a dependent.

I assume you have either a SSN or, more likely, an Individual Tax Identification Number (ITIN) that was issued to you when you got the visa. Your wife and son probably do not have one, however.

No problem! Download from Internal Revenue Service (http://www.irs.gov) Form W-7. Fill it out; one for your wife and one for your son. Have your wife sign her W-7 and you sign for your son.

Make a complete photocopy of your wife's and your son's passport. Get the photocopies notarized at any bank as true copies. Staple the notarized photocopies to the W-7s.

Complete your tax return (Form 1040 or 1040A), with your wife's name under yours and your son's name in Section 6. Leave the SSN areas for your wife and son BLANK.

Mail the tax return, with the W-7 w/stapled notarized photocopies paper clipped to it, to the address contained in the W-7 instructions.

The IRS will review the W-7, issue the ITINs, insert the ITINs in the appropriate blank areas, then process the return. They will then send you the ITINs under separate correspondence.

Once you get the ITINs back, then (and only then) can you file your state tax returns.

The entire process takes from 4 - 6 weeks.

If you need professional help to do this, contact me at david.kempe@<hidden>.