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ektk
Mar 11, 2008, 10:10 AM
Hi,

I am from India. I came to USA on Oct 2007 on H1 Visa. Currently I am in USA.
I got w2 from my employer. I have income from my employer salary. I am not involve in any business or trading. I called IRS and take some advise, but still confused.

Which form 1040 A, 1040 EZ or 1040 NR I need to file for this return?
Also my wife to usa on feb 2008. In all forms, there are asking, are you filing Single, married separately or Married Joined. Which option is I shd select. My wife is on H4 Visa and not eligible for SSN. Please guide.

Regards,
Tk shah

AtlantaTaxExpert
Apr 28, 2008, 01:48 PM
TK:

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your wife).

The downside is that:

• you must WAIT to meet the Substantial Test before you can file, which means you must wait until about 1 June 2008.
• you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

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