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sujoshi
Mar 27, 2007, 12:34 PM
Hi,

I am a non resident alien (arrived 13 Aug 2006) and want to fill my tax return. I am originally from India. Working for a company in St Louis, MO. I am married but my family is in India. They have H4 visa but no ITIN nos. In this case which form should I fill for tax return and what status should I give while filing?

Can I use filing status as 'Single' since I don't have my spouse's ITIN ?
AtlantaTaxExpert
Mar 30, 2007, 12:18 PM
You can file Form 1040NR-EZ as a Married non-resident alien

OR

You can file jointly with your wife, with you BOTH choosing to be treated as resident aliens and you BOTH declaring all world-wide income for 2006. If you choose this option, you can also claim your children as dependents, because the residency status that is given to you under this option is also applied to your children, as long as they were a depdent of either parent for ALL of 2006.

This situation has been discussed and confirmed with the IRS International Hotline on three separate occasions in the past two months.