1) I came to US in Jan 08..
2) Internship from April 08 to August 09.
3) Went back to India and came back on 22 oct 2009 on H1b.
4) Wife came to US first time in oct.

Last year I filled 1040 EZ NR form.This year I have two w2 from my employer.One for the period of Janu-august.(Internship) and then from oct-dec(H1b)
a) Which forms should I use for filing taxes this year?
b) Can I file married filling jointly?
c) Can I file seprately for two different periods?

Choice 1: File nonresident tax return.

Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2010. Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you.

You must both declare your worldwide income for 2009. 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 attach with your tax return. Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

[QUOTE=MukatA;2200181]Choice 1: File nonresident tax return.

Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2010. Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

You will get standard deduction of $11,400 and exemptions ($3,650 each) for both of you.

You must both declare your worldwide income for 2009. 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 attach with your tax return. Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)[/QUOT


Thanks Mukata for your response.You have provided a great help.
1) If I file as a resident in later part of 2010 my understanding is I have to file a extension form. Do I have to file two forms each for me and my wife?

2) What happens to my state return? Do I have to wait as I am doing with fedral? Can I file jointly with my wife for state also? I live in Michigan.

3) Can you please classify me the forms which I have to use for
a) Fedral
b) State

1) No, just one Form 4868. Mail the form, put your wife's name on it and put APPLIED FOR where her SSN goes.

2) You must wait for the ITIN before filing the state return.

3) Federal is probably Form 1040EZ.

State is the principal resident return for Michigan.

I think I have qualified now to be resident for tax purposes. However I still have questions in my mind which are confusing me.

1) My federal refund is coming out to be more than the withheld amount due to addition of making work pay credit of $800. Is that possible?

2) How much you charge for providing detailed help?

If you filed as a resident alien, then you are entitled to the $800 Making Work Pay Credit.

Email me your details for a fee quote at [email protected].