Hi I came to US in July 2008. I am married but spouse is in India and did not come to US. She is coming in May 2009. I filled my 2008 tax return with "single" status which later I realized is not correct. I want to submit 1040X with correct filling stutus which is Married filling jointly. Now my question is till when I can submit the 1040X?

Please advice.

Thanks

If you have a visa that does not exempt you from residency, then you can file joint return as residents. You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). 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)

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. You can also deduct moving expenses. Use form 3903. Read about visa tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

You can file amended tax return even when your wife in not in the U.S. You will need notarized copy of her passport, so file after she arrives here so that you can notarize the copies.