I came to US in Oct 2008 on L visa and I filed tax extension in Apr 2009 as I was in a dual status at the time. I want to know what applications should I file now? 1040? and what else? I think I can file a joint return with my wife.

Thanks.

mixhere

By the way, my wife is on F1 visa before 2009/04.

AtlantaTaxExpert

If you are married, you have the option to file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

You will need to submit Forms W-7 to apply for an ITINs for your wife. A notarized photocopy of her passport needs to be stapled to the W-7.

The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.

mixhere

Why do we need to submit w7? W7 shows "Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN)." As my wife was a student in 2008, she has her own SSN.

AtlantaTaxExpert

Okay, then the W-7 is NOT needed.

Most of my clients who are married DO need an ITIN for their spouses, but not for you, which makes the return submission a LOT easier.