Hi ALL,

I am on H1 Visa, got married in 2007 and my wife joined me in Sep 2007. So far, I didn't apply ITIN for her. Now to file my returns along with ITIN, can we do E-FILE? Whether can I keep my wife as Resident Alien - Present.


Thanks,
Ram.

You can file resident tax return as Married Filing Jointly. If you did not complete SPT ins 2007, then You will have to wait to file your tax return till you meet the Substantial Presence Test in 2008.

You will get standard deduction of $10,700 and exemptions for both of you.

You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
IRS Publication 519: Tax for Aliens.

You can file resident tax return as Married Filing Jointly. If you did not complete SPT ins 2007, then You will have to wait to file your tax return till you meet the Substantial Presence Test in 2008.

You will get standard deduction of $10,700 and exemptions for both of you.

You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
IRS Publication 519: Tax for Aliens.

MANY THANKS FOR YOUR REPLY.

I have been to USA on H1-B Visa in Jan 2007 and started working at the client’s place from Feb 2007 after getting SSN. I got married in May 2007 in India and wife joined me here in USA on Sept 15, 2007 on H4 Visa. She is a House-wife.
> Can I claim her as a dependent? Correct me, If I am wrong?

Last Saturday i.e, on 16th Feb, 2007, I have been to HR block to files the taxes and ITIN for my wife. The Tax consultant has filled all the information, finished everything and saved my application in showing the returns as well. She told that she would call me, as there is a problem with one of the forms that has to be generated in the System. I want to ignore HRBlock Tax consultant because she looks like a fresher and I want to file taxes with you.

One more question, do I need to wait 60 days after my wife’s arrival to USA to file my taxes? As she stepped in to USA on Sept 15, 2007, looks like I have to wait till Mar 15, 2007 to file my taxes and ITIN, please correct me if I am wrong?

Thanks in advance.
Ram

Ram:

There is NO requirement to wait; you can file jointly with your wife immediately.

She is NOT your dependent; she is your co-filer, which is better because it results in a $10,700 joint standard deduction.