Hello,

I am an indian citizen ,working on H1B visa in USA right now and my spouse is a canadian citizen. We got married in December 2009. I have following questions.

1.
My spouse is still in canada and is planning to come down in April 2010 on H4(she doesn't have H4 right now). I am wondering if I could still file my taxes jointly for 2009 even though spouse is in canada? Or do I need to wait for my spouse to come down to USA first for that?

2. Do I need to get ITIN number first before I file my taxes jointly? Do I need to wait for my spouse to get here and then apply for it? How long it takes to get ITIN? Do I require to submit a copy of her H4 to get ITIN or just a passport copy?

3. Can I wait after 15th April to file my taxes if I don't owe anything to the government? (So that my spouse can come down here if she needed to be here to file jointly)


Your help is much appreciated.

Thanks in advance :)

1. You can both choose to file joint return as residents even when your spouse has never been to the U.S. You must both report worldwide income. 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)
2. Attach W-7 (ITIN application) with your tax return.
3. You must pay any tax due on or before April 15, 2010 even if you file for extension.

1. You can both choose to file joint return as residents even when your spouse has never been to the U.S. You must both report worldwide income. 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)
2. Attach W-7 (ITIN application) with your tax return.
3. You must pay any tax due on or before April 15, 2010 even if you file for extension.

Thanks for your reply Mukta. I still have some confusion.

I'll be filing as non-resident alien for 2009, does everything is still remains valid?

With which form I should attach W7 with, state or federal? Do I need wait till I get ITIN number to get refunds?

Do you know if I need to file taxes jointly in Canada too even if she was working only part time and not earning significantly?

Thanks for your time!

You have not shared with us HOW LONG you were in the U.S. on the H-1B visa, so we cannot say whether your filing as a non-resident alien is correct or not.

More than likely, you CAN file jointly with your wife, even if she IS in Canada.