Hi

I was on F1 visa in 2006 and got married in June. My wife does not have a SSN. Should I file jointly and if so how do i get an SSN for my wife.

Please advise.

Thanks

AtlantaTaxExpert

If you were on a F-1 visa for all of 2006, you CANNOT file jointly.

You MAY be able to claim your wife as a dependent; that depends on your country of origin.

icylies

Hi

I am confused now. On my federal return, should I claim her as my dependant or should I file as married filing jointly. If I need to claim her as my dependant (I am from India) can I do so. How abt the state return. Does the same apply there too.

Please let me know.

thanks
Mahesh

AtlantaTaxExpert

Mahesh:

You CANNOT file jointly on a non-resident tax return (Form 1040NR or 1040NR-EZ).

Since you are from India, you CAN file Form 1040NR and claim your wife and daighter as dependents. Same applies to the state return.

icylies

I am a resident for tax purposes which means i'll be filling 1040. Can I file 1040 jointly.

AtlantaTaxExpert

Mahesh:

WHEN did you arrive in the U.S. on your F-1 visa??

icylies

I came to the US in August 1999 on F1. So that should make me a resident for tax purposes. I filed the 1040 in 2006 too.

AtlantaTaxExpert

Yes, you are DEFINITELY a resident alien.

So, yes, you CAN file jointly with your spouse.