Hello,

I have been in the US since Feb 2005 and have recd. My W-2 to file for taxes. I am married and have two kids but unfortunately, my wife or the kids have not been able to join me here, in the US, so far (March 2006).

Can I file jointly? From what I have been reading from your replies to others with a H1-H4 combination, I think that I would have to get a W-7 first. But, do I have to get a notary done in India, or ask her to send me the docs duly signed and get the notary done here? Would I have to get her signature(s) on the joint return too?

What is your advice in this situation?

I would really appreciate hearing from you in this regards!

Thanks!

SolidP:

You do need the passport copy certified as a true copy. A local government official should be able to do that.

Yes, she needs to sign both the W-7 and the tax return. Given the time it takes for mail to get to and from India, file Form 4868 to request an extension. If you owe money (even with filing jointly with your wife), mail ahceck with the extension request. If a refund is due, just mail the extension request.

Unfortunately, you will not be able to claim your children as dependents.