Hi,

I have been reading through many sites to see if I have to file the 1040 NR form.
I am little confused now.

Here is my information.

I am married and on H1B visa from India. I arrived in USA on 09/30/2006 and my wife joined me here on 12/22/06 on H4 visa. She is dependent on me, has no income and no SSN or ITIN.

In addition to wages, I have some extra income. I got form 1099 "Non-employee compensation" from my company for this income. This was paid as moving cost.

As, I am in USA for less than 183 days I have to fill 1040 NR form. Is this correct.

Also, I heard that I can't fill tax as "Married filling jointly" status or single with dependent. Basically, I can't get rebate for my wife. Neither can I fill w7 form for my wife

Please let me know if I need to fill the 1040 NR form. Also, how do I get the excemption for my wife and fill w7 form for her.

Any help will be greatly appreciated.

Thanks,
Hardeep Singh

If any one can answer this question, that will be great.

Thanks,
Hardeep Singh

Hi,

I have been reading through many sites to see if I have to file the 1040 NR form.
I am little confused now.

Here is my information.

I am married and on H1B visa from India. I arrived in USA on 09/30/2006 and my wife joined me here on 12/22/06 on H4 visa. She is dependent on me, has no income and no SSN or ITIN.

In addition to wages, I have some extra income. I got form 1099 "Non-employee compensation" from my company for this income. This was paid as moving cost.

As, I am in USA for less than 183 days I have to fill 1040 NR form. Is this correct.

Also, I heard that I can't fill tax as "Married filling jointly" status or single with dependent. Basically, I can't get rebate for my wife. Neither can I fill w7 form for my wife

Please let me know if I need to fill the 1040 NR form. Also, how do I get the excemption for my wife and fill w7 form for her.

Any help will be greatly appreciated.

Thanks,
Hardeep Singh

File for an ITIN for your wife. File a 1040NR and claim your wife.

Hi taxsearcher,

Some one told me that I have to file form 1040 NR as "Married filling seperately" status as both me and my wife are non-resident aliens. Is this status correct.

In this case, can I still get exception for my wife and fill W7 form for her.

Thanks again,
Hardeep Singh

Sorry, my error. You could only claim your wife if you were a student from India or a resident of certain other countries. You would need to file separately.

You could wait until you meet the SPT in 2007 and then file a first year election and also elect to be treated as a resident for all of 2006. Basically, it would depend on your situation as to which works out best. If you elect to be resident for the full year you must include worldwide income.

Agreed. Probable best option is to file jointly and be treated as resident aliens for ALL of 2006, even it means declaring ALL world-wide income.