I am in H1b Visa, my wife came here in H4 visa in Nov 15, 2006.

Can I fill 1040 for 2006 jointly with my wife so that we can receive 13000 standard deduction? She needs a ITIN? She can not have a SSN.

Thanks.

You will need to file Form W-7 WITH your tax return to apply for the ITIN. That is the only time the IRS will accept the application. Attach a notarized photocopy of her passport.

You CAN file Form 1040, 1040A 04 1040EZ, but you must wait until your wife has been in the U.S. for at least six months. Since she arrived on 15 Nov 06, you will have to wait until mid-May before you can file jointly with her.

The filing jointly standard deduction is $10,300, NOT $13,000.

Even she has been the States for only one and half month in 2006, we can still fill jointly, correct? But I need wait till May 2007 to file our return?

Thanks a lot for your answer!

You wife must meet substantial presence (183 days) before she file; that's the reason you wait until mid-May 2007.

The only other requirement is that she be in the U.S. for at least 31 consecutive days at the end of the year (month of December).

See IRS Pub 519 for details. You can download from www.irs.gov.

I searched for information on a H-4 status here in the United States.. no such status here in the United States... but it does not say whether your country’s immigration status is or has a status titled H-4
The following are statuses... according to information collected from this websites:

A visa grants the holder the right to apply for entry into the United States.

▪ B-1 Business Visa
▪ B-2 Tourist Visa
▪ B-1/B-2 Visa Extension
▪ C-1 Transit Visa
▪ E-3 Visa for Australians
▪ F-1 Student Visa
▪ J-1 Exchange Visitor Visa
▪ H-1B Work Visa
▪ H-2B Work Visa
▪ K-1 Fiancée/Fiancé Visa
▪ L-1 Intra-company Transfer
▪ TN NAFTA Work Visa
http://www.usimmigrationsupport.org/visa_tn.html
http://www.usimmigrationsupport.org/
http://thomas.loc.gov/cgi-bin/query/F?c104:1:./temp/~c1049iTh99:e3111:
http://thomas.loc.gov/cgi-bin/query/z?c104:S.1664:

Are you seeking any benefits for your status as immigrate? Then this will apply...
Form G-325C provides the USCIS with information necessary to process immigration applications and petitions. The purpose of Form G-325C is to establish the eligibility for the immigration benefit you are seeking. Form G-325C should only used in conjunction with other immigration forms specifying...
As far as 1040 and the amount is depending on your income... so it is best to contact a professional tax preparer for the necessary paper work... there are so many forms to fill out and according to the IRS... this will start or is estimated to cost you around 50.00 an hour... again... if a professional is handling the paper work and the advice your getting is a good one.. check and see if... they charge... information you are collecting do cost...

... but if you have to... do it on your own check out this website: http://search.irs.gov/web/query.html?col=allirs&charset=utf-8&qp=&qs=-Wct%3A%22Internal+Revenue+Manual%22&qc=&qm=0&rf=0&oq=&qt=tax+forms+for+alien+residents+in+the+US

Hi ATE,

Earlier you had replied to my qustion with the following..!

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Apr 16, 2006, 06:32 PM #6 Report Inappropriate Post
AtlantaTaxExpert
Tax Expert

Join Date: Feb 2005
Location: Atlanta, Georgia
Posts: 2,478
Babu:

Yes, your wife can virtually anywhere in the world, and you will be able to file jointly.
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