Hi,

I came to the US on 29th Sept 2007. I am married.
I am here on H1B visa.

My wife joined me on the 26th Jan 2008.
My query is that while filing my returns for the year should I enter my filing status as "married filing seperately" or "married filing jointly".

I understand that since I have only been in the US for 93 days I will get all my federal and state tax as refund.

But if I select married filing separately then I am not getting all the refund and If I select married filing jointly then it asks for SSN of my wife... but since she is on H4 visa she does not have a SSN no.

Please guide me oh what do I select as the status.

Thanks in advance,
VD

Hi,

If you came to usa for the first time on 29th Sept 2007 then you have to file a non-resident alien return 1040NR. If you are from India, in 1040NR you can just claim exception for you.

This is my suggestion. Get another opinion from a qualified CPA.

Since you are married, you can elect to file jointly. You should look at Form W-7 and its instructions. You will send your tax return with Form -W-7 to a special address listed in the Form W-7 instructions and the IRS will assign an ITIN to your wife and then process the tax return. Certain documents will need to be included with the Form W-7.