Hi All,

I am amending my tax return for 2008 because I originally filed as single and I was under the impression that my wife has to live with me in US to file as MFJ.

My H1B started on Oct-2008 but I started working from Jan-2008 in OPT. I was on F1 since jan 2006 to Dec-2007.

Now, I have prepared W7(ITIN) and form 1040X (Tax amend), form 1040 and waiting on the answers for the below questions.

1) Am I qualified to amend last year's return as "Resident Alien" & "MFJ" (SPT is worrying me since I was out of the country for 3 weeks in nov-dec-2008 for my marriage)

2) Do I need to provide marriage proof

3) Can I submit W7 (already my wife's passport is notarized) and amended tax forms in my local IRS office to ensure the documents are correct/verified.

FYI... After wedding I got back here on dec-2008 and my wife arrived here on June 2009.

I really appreciate everyone for their honest answers.

Thanks,
akudaiyar

Akudaiyar:

1) Yes, as long as you were in the U.S. under the H-1B visa for at least 31 consecutive days in 2008.

2) Not if your wife has an H-4 visa. The ITIN processing center will cross-check with the USCIS, which clearly shows her married to you on their records.

3) Sure, but that office will NOT process the ITIN request. They will merely forward it to the ITIN Processing Center in Austin, Texas.

The backlog from earlier this year has passed, so you can expect to get your refund and her ITIN back about six weeks after mailing.

Hi Atlanta Tax Expert,

I really appreciate for your answers.

Yes, My wife has H4 visa

1)How come IRS know that I am married last year without any confirmation on dates. Do they get married date from USCIS even though she arrived here in June 2009?

As long as they check these info's I am good to go.

Thanks,
Akudaiyar

The H4 visa shows your wife as being your wife. I am not sure whether a marriage date is confirmed, but normally the IRS will believe you when you say you are married if they can readily confirm that fact.