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aagnelo
Mar 2, 2007, 05:44 PM
Hi,
I am on H1B since November 2004 and it expires in May 2007. I got married in December 2006 in India. My wife is from India, and she joined me in the US on H4 visa in late January 2007.
I worked in the US throughout 2006, whereas my wife was in India.

Can I file as married filing jointly? If so, could you please tell me what are the procedures and documents required to file my 2006 returns (federal and state).

Since she is on H4 visa, she doesn’t have her social security number.

Thank you very much!

AtlantaTaxExpert
Mar 4, 2007, 11:34 PM
Yes, you can file jointly.

You must submit Form W-7 WITH the tax return to request an ITIN for your wife, along with a notarized copy of her passport.

ramasund
Mar 5, 2007, 11:52 AM
Same situation, got married last year, wife joined early this year... It looks like "married filed jointly" is the way to go...

AtlTaxexprt, Are there any pointers online to look up this law? (jus curious)

Thanks,
Anand

aagnelo
Mar 5, 2007, 09:02 PM
Yes, you can file jointly.

You must submit Form W-7 WITH the tax return to request an ITIN for your wife, along with a notarized copy of her passport.

Thanks so much Atlanta Tax Expert!!

AtlantaTaxExpert
Mar 7, 2007, 09:11 PM
Anand:

Download IRS Pub 519 from Internal Revenue Service (http://www.irs.gov).

Aagnelo:

Glad to help!

aagnelo
Mar 7, 2007, 10:35 PM
Anand:

Download IRS Pub 519 from Internal Revenue Service (http://www.irs.gov).

Aagnelo:

Glad to help!

I had one more question- what happens if my wife worked in India from Jan 2006 - November 2006? Does it involve any other procedure? I understand that my wife's income was less than the taxable income and she hasn't received her TDS form for 2006 since the financial year ends in March 2007.

Thanks again!

AtlantaTaxExpert
Mar 9, 2007, 10:30 AM
You must declare your wife's India-based income on Line #21 of Form 1040, then claim the Foreign Tax Credit using Form 1116. If you do not have the final tax information, use the withheld (accrued) amounts from he pay slips.

ramasund
Mar 20, 2007, 03:10 PM
Anand:

Download IRS Pub 519 from Internal Revenue Service (http://www.irs.gov).

Aagnelo:

Glad to help!



Thanks again!

AtlantaTaxExpert
Mar 22, 2007, 09:50 AM
Glad to help!