Hello,

Here's my situation. I am on H1B since oct 2006 and have been working till date.
I got married in April 2007 and my wife entered US in May 2007 on H4 visa. She joined an university for MS in Jan 2008 on H4 visa and later filed for F1 visa. She now received F1 visa in 1st week of March 2008 and is eligible for SSN. She did not work in 2007 and has not started any work yet. She did not have ITIN before.

My questions are:
1. I am planning to apply for her SSN and later file the returns using her SSN rather than filing with form W7. Can I do this?

2. Can I file as Married Filing Jointly, irrespective of whether I file with form W7 or with her new SSN?

3. Is there any alternate to Married filing Jointly that is more beneficial in terms fof deductions since she is a student spouse now.

4. If her SSN issuance is delayed can I file for an extension for both Federal and state (Georgia).

5. What's the procedure to file extension. I got some information online but just wonder if I can file extension online?

Thanks very much for your answers.
shalli.

1) Yes, no problem.

2) Yes, no problem.

3) It MAY be more advantageous for you to file as Married Filing Separately and she to file as a Married non-resident alien, but that is NOT likely.

4) Yes.

5) Mail in Form 4868. The extenson submission to the IRS also extends your filing date for Georgia.

Thank you very much. I appreciate your help.

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shalli

Quote:

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Originally Posted by AtlantaTaxExpert

1) Yes, no problem.

2) Yes, no problem.

3) It MAY be more advantageous for you to file as Married Filing Separately and she to file as a Married non-resident alien, but taht is NOT likely.

4) Yes.

5) Mail in Form 4868. The extenson submission to the IRS also extends your filing date for Georgia.

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Glad to help (even if somewhat late).