Hi,

Information available in this site is really helpful, I need one clarification on a particular question. Thanks in advance for any help on this.

I've filed US tax returns for 2006, 2007.
For 2008 also I'm US resident for tax purpose.(Visa H1B)

I got married in Sep, 2008 in India. Wife is still in India doing her studies, not working.
She never been to USA and plan to come only in Nov 2009.

As far as the information I got from this site, the right option is to file married jointly for 2008 along with W7 form from India to get the max returns.

My question is,
1) Is it legal if I file 2008 tax returns as "Single" (even though I'm married) now.
2) And amend the 2008 tax returns as "Married filing Jointly" next year, when I file 2009 tax returns ?

Thanks!!

Since I didn't get any answer online for my question, I asked IRS.
(if its already answered somewhere in ask me, sorry my bad search)

See the response below, may be useful for somebody in the same situation.

You have the option of filing Married Filing Joint (MFJ), if your spouse receives an ITIN, (Individual Tax Identification Number), or Married Filing Separate (MFS).

If you are a married individual you cannot file single. You should file as married filing separate.

You can file an amended return to change your filing status from married filing separate to married filing joint, once your spouse gets her tax identification

Assuming that you have already file MFS, you now have time to amend your return and get your wife her ITIN so you can file jointly. It will take some time, but it is very doable.

If interested, contact me at [email protected].

Yes, the answer that the IRS gave you is accurate.