I'm from mexico and started to work in the US since September 18 with a TN Visa. My wife now has a TD visa and she lives with me. I have a SSN but my wife isn't eligible for one, so we have to attach her W-7 form to our tax return one to get her an ITIN.

However, I've been reading and I've got confused with the 1040nr and 1040nr-ez forms. Are we eligible for a tax return?

Thanks,
BM

BM:

You CAN file Form 1040NR and claim your wife as a dependent.

However, the BETTER option is probably to file JOINTLY with your wife, with both of you signing a statement that you BOTH CHOOSE to be treated as resident aliens.

It would require you claim ALL wolrd-wide income for 2010, but you can file Form 1116 to claim the Foreign Tax Credit.

Filing jointly in MOST cases results is a larger refund.

If you need professional help filing your return, email me at [email protected] or [email protected].