Hi,

I am frustrated about filing taxes as I am not sure which forms to file. I was on OPT from Jan 07 to Oct 07, my H1 started oct 1st 07 and I got married on Nov 24th, my wife came back with me back to US on Dec 7th 07.

Questions:

1. Can I file my taxes jointly?
2. Which forms do I need to file?


It would be great of you could help me out.

Thanks in advance for all the help.

-Gautam Punjabi
610-574-7757

Please Help !

Nobody to help me out here... Whoa!

Hi, you need to find out if you are a resident alien or a non-resident alien. If you are a resident alien (you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before) then file 1040 EZ. If you are a non resident alien and don't fit the above criteria file 1040 NR_EZ. You can file

Married filing jointly or Married filing separately?

Does you wife have a SSN?

My Wife does not have an SSN, I am not sure I pass the substantial presence test, this year I was present in US all the time, I was in US all of last year but was on OPT from Han until Sept 07 and then on H1 from OCT to Dec and also traveled to India for about 3 weeks in NOV.

Kindly Suggest

Thanks

Gautam Punjabi

Chiice 1: File nonresident tax return. You will only get exemption of $3,400. You can deduct moving expenses for family on form 3903 and itemized deductions (included state taxes paid). Normally you should choose this only when all your deductions are equal to or more than your total income.

Choice 2: You can file resident tax return as Married Filing Jointly.
You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test (of 183 days) in 2008. You will get standard deduction of $10,700 and exemptions for both of you and the kids. You will also get child tax credit of $1,000 each.

You must both declare your worldwide income for 2007. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit.
About foreign tax credit: Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. You can also deduct moving expenses. Use form 3903.
About Moving Expenses: Read: Your U.S. Tax Return: Moving Expenses