[F]Hi,

I entered US along with my spouse for the first time on 30 March 2007 on H1-B Visa. Since then, I have not changed my visa status to any other visa and I have not travelled outside US. My spouse is on H4 visa.

I have the following questions:

1. Am I dual status individual? (See below for number of days physically present in US)
Number of Days in US since March 2007:
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March 07 to Dec 07 - 277 Days
Jan 08 to Feb 08 - 36 Days

2. Which forms do I have to use to file my tax return for 2007?
3. As I would also be applying for ITIN, what option do I mark under "Reason for Applying" in form W-7?

Please help me by solving my queries.

Thanks in advance!

By definition, you are dual-status and can file a dual-status return.

However, you have the option of filing jointly with your spouse and you BOTH choose to be treated as resident aliens.

In either case, you need to submit Form W-7 WITH the tax return to apply for an ITIN for your spouse.

On the W-7, you would indicate box "e", spouse of a U.S. citizen/resident.

Quote:

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Originally Posted by AtlantaTaxExpert

By definition, you are dual-status and can file a dual-status return.

However, you have the option of filing jointly with your spouse and you BOTH choose to be treated as resident aliens.

In either case, you need to submit Form W-7 WITH the tax return to apply for an ITIN for your spouse.

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Thanks for your reply Tax Expert!

You mentioned that I have the option of filing jointly with your spouse and you BOTH choose to be treated as resident aliens. Can you please explain how I can do that.. which form, etc? Also from Jan 07 to March 07, me and my wife both paid taxes on our incomes in India.

Yes. As explained by ATE above, you can file a joint return and be treated as a resident for the full year.

Quote:

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Originally Posted by IntlTax

Yes. As explained by ATE above, you can file a joint return and be treated as a resident for the full year.

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Nobody can claim me as or my wife as dependants and I do not have any kids. Which form can I use to file a joint return?

Probably Form 1040EZ if you rent.

What is your income for 2007.

Many Thanks ATE for your reply! You are doing a great job guiding people here!

My income for 2007 is about 45K. As per your advise, I have decided to choose us (me and my wife) both to be treated as residents and file as "Married filing jointly".

Please tell me:

1. Can I still fill form 1040EZ??
2. Should I write "Dual Status Return" on top of the form?
3. For the choice of BOTH being treated as residents, do I have to attach any statements to the return?
4. Also I read on some of your posts in similar cases where you asked people to wait for certain period before filing. Will I also have to wait to file my return based on my history ?

I'll be really obliged if you can reply to my queries.

1) Yes, if you qualify to use that form.

2 & 3) Not if you are filing jointly and you BOTH are choosing to be treated as resident alien. You DO need to attach a statement to that effect (which you BOTH must sign) to the Form 1040EZ.

4) No wait is required, as you have already met the Substantial Presence Test.