Hi,

I have been in US since July 2007 on h1-b. My wife is here on h4 since Sep 2007.
1. Can I consider that we are non residents for the year 2007 while preparing for the tax returns?
2. Which of the two forms am I supposed to fill up- 1040nr or 1040nr ez? Btw, I have some foreign income (india). How do I include this detail while preparing the tax return?

Thanks,
SR

You CAN file as a non-resident alien if that is your wish. If you do, you can ONLY claim your own exemption; your wife is in no way part of the filing.

You can also file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife).

The downside is that:

• you must WAIT to meet the Substantial Test before you can file, which means you must wait until early May 2008.

• you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

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