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    usman2k4u's Avatar
    usman2k4u Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 14, 2013, 05:16 PM
    H1B+ H4 + US Born Bay
    I am on H1B since Oct 2012, was on F1 rest of the year + My wife is on H4 since Oct 2012 was on f2 rest of the year + My son was on on July 2012. (Home country= India). No other income except for the on on W2.

    What form do I file for federal taxes? Please name the form like 1040 or 1040EZ or a combination for each of us.

    Also let me know if filing through one single form is possible and name the form. If any.

    Thanks in advance.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Feb 17, 2013, 07:24 PM
    You file form 1040NR, status "married filing jointly". You need to file W-7 to get ITIN for your wife. Nationality of the baby does not matter.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
    Full Member
    		  
    #3

    Feb 17, 2013, 07:37 PM
    Quote Originally Posted by lawanwadee View Post
    You file form 1040NR, status "married filing jointly". You need to file W-7 to get ITIN for your wife. Nationality of the baby does not matter.
    No, you cannot file jointly on the 1040NR. But the spouse can be listed as a dependent since they are from India.
    usman2k4u's Avatar
    usman2k4u Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Feb 18, 2013, 07:57 AM
    Thank you for the response. However, sorry for missing some more info. My Wife has ITIN. I have been in US for 4 years now and my wife from past 2 years.

    We cannot file using 1040NR, because we are residents of NC state now.

    We have filed our taxes last year with 1040EZ - "Married filing Jointly".

    1040EZ doesn't have option to add dependents(My Son). So how do I file his taxes. I am the only one earning in the family.

    Thanks in advance.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #5

    Feb 18, 2013, 01:43 PM
    Quote Originally Posted by usman2k4u View Post
    Thank you for the response. However, sorry for missing some more info. My Wife has ITIN. I have been in US for 4 years now and my wife from past 2 years.

    We cannot file using 1040NR, because we are residents of NC state now.

    We have filed our taxes last year with 1040EZ - "Married filing Jointly".

    1040EZ doesn't have option to add dependents(My Son). So how do I file his taxes. I am the only one earning in the family.

    Thanks in advance.
    I think it would be best for you to ask it on our Taxes board: Taxes - Ask Me Help Desk
    There are are lot of experts on taxes for international students there.

    But usually, you are not resident for federal tax purposes for the first 5 calendar years you are here as an international student. So depending on when you got here (which you didn't say), you may not have filed correctly last year.

    To answer your last question, the "EZ" (easy) forms are for super simple situations. If you want to include dependents, you should use 1040 or 1040A (if you are resident) or 1040NR (if you are nonresident).
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