I came to USA in August 2004 on F1 Visa. I graduated and change status to H1b visa from October 2007. Now, I got married and my hasband came to USA on January 2008 on H4 visa. I have my brothers whom I can claim as they have green card and not earning anything.

I will have to wait till May 2008 if I want to file tax return as a resident alien. When I try to fill W-7 form, it says I have to attach tax return. So in a way I have to wait till May 2008 to get my hasband’s ITIN number. I was wondering If I can apply for ITIN number for my hasband without filling tax return? I believe, I will need ITIN no to file state tax and so if I can get ITIN number by may 2008, then I can file federal and state tax together in may 2008.

What are the advantages of filling as resident alien over filling as non resident alien in my case? Any help would be appreciated.

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Originally Posted by Ankita84

I came to USA in august 2004 on F1 Visa. I graduated and change status to H1b visa from October 2007. Now, I got married and my hasband came to USA on January 2008 on H4 visa. I have my brothers whom I can claim as they have green card and not earning anything.

I will have to wait till May 2008 if I want to file tax return as a resident alien. When I try to fill W-7 form, it says I have to attach tax return. So in a way I have to wait till May 2008 to get my hasband’s ITIN number. I was wondering If I can apply for ITIN number for my hasband without filling tax return? I believe, I will need ITIN no to file state tax and so if I can get ITIN number by may 2008, then I can file federal and state tax together in may 2008.

What are the advantages of filling as resident alien over filling as non resident alien in my case? Any help would be appreciated.

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