Hi,

I have few questions related to return filing for 2009 -

1) I came to US on 7Nov’09 on H1 Visa and since then I am here in US. For 2009 tax return filing, will I come under Non-resident alien category?
2) Can I file JOINTLY as I got married in June 2009 but my wife was not in US last year or do I have to file under option “Married filing separately”. Now she is with me (came US on 5Apr’10 on H4 Visa and not eligible for SSN)
3) In my W2, my marital status mentioned is SINGLE. Will it be a problem if I will file jointly?
4) As I heard that ITIN can be applied only along with return file, so if I am not eligible for “Married Joint Filing” (being a non-resident alien case & wife was not in US with me in 2009) then how can I apply ITIN for my wife? If ITIN can be applied only along with return filing then is it like I have to wait till next year for applying her ITIN along with Joint filing for 2010? Can I apply her ITIN along with my return file as “Married filing separately”.
5) For applying ITIN for wife, I think I have to mark the following checkbox in W7 form:
g. Dependent/spouse of a nonresident alien holding a U.S. visa
6) Which Form 1040, 1040A, 1040EZ, 1040NR or 1040NR-EZ do I have to fill for return file?

If any other information is related to my case, please share that also.

Regards,
Rahul

Choice 1: You can file non-resident tax return. You can also deduct moving expenses. Use form 3903
Choice 2: You can file resident tax return as Married Filing Jointly. You will have to wait for more than 5 months to file your tax return till you meet the Substantial Presence Test in 2010. 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). 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. You can also deduct moving expenses. Use form 3903.

File state tax return only after you get ITIN. Make sure to pay any tax due on or before April 15, 2010. If needed, file for extension.