Hi Guys,

Thanks in advance for your help and support. I know my question might have been addressed several times before but for each case the status is different. I would really be grateful for any help I can get.

I'm on H1b (with a wife on H4 and US Citizen baby) since October 1st 2009. I was on F1 status since Feb 06 until September 30 2009 (my wife came to us on F2 visa on 2008). Of course I filed as NR for all years up to 2009. However for 2009 I don't know what the status should be. Based on my research I guess it will be dual status return but I'm not sure how do I do that. The confusion comes from the fact that I cannot claim my wife as a dependent or file jointly on the nonresident part of 2009 but I think I can do so for the resident part of 2009. Also if I will be eligible for child tax credit and other tax credits should I claim those on the nonresident forms or the resident forms? What deductions I should use in both cases? I guess I'm really confused here.

Again thanks for the time and effort to help me figure it out.

You can file jointly with your wife and you both CHOOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife) plus a $3,650 personal exemption for your child PLUS the $1,000 Child Tax Credit.

To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get the photocopy notarized. This can be done at your local bank in most states in the U.S.

The downside is that:

• You must wait until 1 June 2010 to meet the Substantial Presence Test before you can file for Tax Year 2009.

• You must declare ALL 2009 world-wide income (wife's and your home country income, if applicable). There is an offset available by either claiming the Foreign Tax Credit (Form 1116) or to claim the Foreign Earned Income Exclusion (Form 2555).

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