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happygolucky_in
Mar 18, 2008, 08:29 PM
Hi

I was working in US throughout 2007.
I went to India in December 2007 and got married.
I returned to US with my wife in January 2008.

My question is - Can I opt for Married Joint Filing since I got married in 2007?

I would like to opt for it since it would give me better refund but I am doubtful about this since my wife was outside US throughout 2007.

Please help me with this.

Thanks & Regards,
Rahul

MukatA
Mar 19, 2008, 03:39 AM
What is your current visa? Yes, if you can file resident return, then you can file as MFJ.

happygolucky_in
Mar 19, 2008, 07:06 AM
Thanks for the quick reply.
My current visa is H1B and my wife is no H4. So its OK to file MJF right?

I have few more questions.

1. My wife does not have an ITIN. So for federal retuns, I can attached the W7 and say "Applied for ITIN" in Spouse SSN field right?

2. What about state returns? I am resident of CA. Can I mention "Applied for ITIN" in the spouse field here also? If so, should I include copy of W7 or any other documents?

Thanks.

MukatA
Mar 19, 2008, 07:39 AM
On the federal tax return, leave spouse SSN field blank.
You will file CA tax return only after you get ITIN. Meanwhile, if required, file for extension.

happygolucky_in
Apr 2, 2008, 12:33 PM
Thanks,
I have one more question.
Which form should I use for my state (CA) tax returns.

My wife was not in India throughout 2007.
Can I use CA 5402EZ or should I use CA 540 NR?