Hi,

I have been staying in US since last 2 years on H1B visa. Recently I got married in November and I brought my wife into USA on 2nd December 2007.

Based on the above information, am I eligible for Filing tax jointly. If yes, what are the deductions I will get it.

I heard that I am not eligible to file jointly as my wife won't be fulfilling 31 days of stay in current financial year. Is it true?. Also when should I file my returns? In January or In mid May 08?

Thanks,
Vatlam.

MukatA

Hi1B visa holder normally files as resident alien if stay is over 183 days unless the tax treaty has an exemption that has you to file as non-resident alien.
If you are resident for tax purposes, then you can file as Married Filing Jointly. The 31 day stay is not required. Get her ITIN. By adding your wife on taxes as Married Filing Jointly you get one extra exemption deduction of $3,400 and one extra standard deduction of $5,350. Thus your total deductions (if you don't itemize) are $17,500. However, you must included her world wide income.

vatlam

Hi Mukata,

Thanks for your reply, I have few queries with respect to your answer.

As I am staying in USA since last 2 years. I hope, I am a resident alien by now. I don't know how did I file for 2006. I just filed it electronically using 1040EZ form. I didn't get any refund last year.

Regarding ITIN, I have to apply for it right now, or I should apply later in January while submitting my taxes?

As I said, I married her last November and came with her 2nd december 07, does she also needs to have 183 days stay or is it sufficient as I already have that condition of stay?

Also, she just completed her graduation in India last July, so she didn't even work anywhere so no income yet. does that will be a problem?

Also, as she is on H4 VISA. Does she need anything else in USA like getting ID card etc? for future purposes?

Thanks for your reply and expecting your answers.

Vatlam

AtlantaTaxExpert

Vatiam:

MukatA is correct that you can file jointly, but you must apply for the ITIN by completing and submitting Form W-7 WITH your 2007 tax return. If you submit it early, it will be rejected.

There is no "minimum stay" requirement. In fact, your wife's physical location is irrelevent to her filing jointly with you. She can be in your home country, in the U.S. or on Mars for all the IRS cares.

Her lack of income is also not an issue.

The fact that she is on a H-4 visa will make the issuance of her ITIN a relatively simple matter.

If you wish to have professional help in preparing the tax return and preparing the W-7, contact me at . You will find my fees to be most reasonable.

MukatA

You filed 1040EZ (and not 1040NR-EZ) means that you filed as resident.
What do you mean by "you didn't get any refund last year." If you had a refund, you must find out from the IRS. Or on Internal Revenue Service, click the link "Where's my Refund?"
For Married Filing Jointly, you need ITIN before you file your return. Without ITIN, it will be processed as Single status. Then you will have to file 1040-X Amended Tax Return.
Even if you don't get ITIN by April 15, 2008, it may be better that you get extension to file your return; then file only after you have ITIN.

AtlantaTaxExpert

MukatA:

It is possible that his withholdings matched his tax liability EXACTLY. It's unlikely, but I have seen it happen.