Hi

I came on L1 visa from India on September 2nd 2008, to IL state in USA. I came here along with my wife.

In W2 and pay slips my marital status is shown as 'single'.

1. Can I file my tax return as Joint? Will I be eligible for any refunds from tax returns? What about tax already deducted? Please recommend appropriate method of filing returns.

2. Do I need to file returns for my wife who does not work and does not have a SSN/ITIN.

3. When is the earliest I can file returns to claim tax refunds and standard dedcution for me and spouse.

4. Do I need to get ITIN for my spouse.

It would be great if you help me in this regard.

Regards

Choice 1: If you did not complete SPT in 2008, you can file non-resident tax return. You can also claim moving expenses.

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 2009.

You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008.

You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
You can also deduct moving expenses. Use form 3903.
Read about L1 tax filing: Your U.S. Tax Return: The U.S. Visas