Hi

I was working in US throughout 2007.
I went to India in December 2007 and got married.
I returned to US with my wife in January 2008.

My question is - Can I opt for Married Joint Filing since I got married in 2007?

I would like to opt for it since it would give me better refund but I am doubtful about this since my wife was outside US throughout 2007.

Please help me with this.

Thanks & Regards,
Rahul

What is your current visa? Yes, if you can file resident return, then you can file as MFJ.

Thanks for the quick reply.
My current visa is H1B and my wife is no H4. So its OK to file MJF right?

I have few more questions.

1. My wife does not have an ITIN. So for federal retuns, I can attached the W7 and say "Applied for ITIN" in Spouse SSN field right?

2. What about state returns? I am resident of CA. Can I mention "Applied for ITIN" in the spouse field here also? If so, should I include copy of W7 or any other documents?

Thanks.

On the federal tax return, leave spouse SSN field blank.
You will file CA tax return only after you get ITIN. Meanwhile, if required, file for extension.

Thanks,
I have one more question.
Which form should I use for my state (CA) tax returns.

My wife was not in India throughout 2007.
Can I use CA 5402EZ or should I use CA 540 NR?