I came to US in 2007 on H1 B visa. I have an SSN. I got married in 2008 Dec 22nd. My spouse came to US only on Jan 8th 2009. So

Do I file MFJ or MFS? I thought that I had to fill out the W7 form for my spouses ITIN and attach it to my fedral return and mail my return to Austin, Texas.

My tax preparer tells me that I should file MFS as my wife was not in US in 2008 and came here only in 2009.

Please give me a reply ASAP.

Thanks in advance

You can file joint return as residents. Attach W7 (ITIN application) with your tax return. You must both declare your worldwide income for 2008. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

You can file joint return as residents. Attach W7 (ITIN application) with your tax return. You must both declare your worldwide income for 2008. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

Mukat, Thanks for your reply. One more doubt.

Should I attach a statement with my return declaring that one spouse is a non resident alien and the other spouse a US resident and that we choose to be US resident for the entire tax year. (PUB 519 page 10)

Thanks in advance.

Yes, attach the statement. Also both of you must report worldwide income for 2008. Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income (http://taxipay.blogspot.com/2008/03/us-citizen-or-resident-with-foreign.html)