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-   -   H1B-H4 Wife and minor son -2 W2's (https://www.askmehelpdesk.com/showthread.php?t=181480)

  • Feb 7, 2008, 01:58 PM
    cyrus_the_yrus
    H1B-H4 Wife and minor son -2 W2's
    Hello experts ,
    I tried finding answer to questions that were similar to my current circumstance and unfortunately was not able to find one.My concerns are as follows

    1) I filed my tax returns in Kansas in 2006 where I was located for one and a half month.
    2) I continued in Kansas for about 20 days in January 2007 after which I returned back to India and came back to the US(Massachusetts) in July 2007 and have been here since then.
    3) My 9 month old son and wife joined me on a H4( since I have a H1) in December 2007
    4) I now have two W-2 from each of the states above.
    5) I read some previous answers to queries and will be applying for a ITIN for my wife but since she was here in December 2007 what option would I choose in submitting her W-7, Dependent of U.S. citizen/resident alien or Dependent/spouse of a nonresident alien holding a U.S. visa?

    Under the above circumstances , what would be my filing status, "Married filing jointly" or "Head of household".Since my son does not have a SSN , how would I be able to claim him as a dependent?

    6) What forms do I need to fill for filing tax returns - is it 1040?

    Could someone also throw light on what dual status filing since I could not find any software that allowed me to select that kind of a filing status .Is my status that of a non resident alient or a resident alien ?

    Any help on this would be highly appreciated.Even a pointer to a previously answered question that addresses similar questions would be helpful


    Thanks in advance

    Cyrus
  • Feb 12, 2008, 03:33 PM
    AtlantaTaxExpert
    Cyrus:

    Choose "spouse of U.S. citizen/resident alien" for your wife.

    Choose "dependent of U.S. citizen/resident alien" for your child.

    You are going to be filing "Married Filing Jointly" and, yes, you WILL be able to claim your child as a dependent.

    6) Probably Form 1040A.

    You CAN file dual-status, but there is no lgical reason to do so when filing jointly is the BETTER option tax-wise.

    If you need professional help, email me at the email address below.

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