I entered US on 12 July 2008. This is the first time I travelled to US. I am here on H1 B Visa and my wife travelled along with me. She is on H4 Visa.

Can I file my taxes for year 2008 jointly. She needs to apply for ITIN then.

Please suggest me

Thanks a lot,
Pratik

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Originally Posted by pratik_dharek

I entered US on 12 July 2008. This is the first time I travelled to US. I am here on H1 B Visa and my wife travelled along with me. She is on H4 Visa.

Can I file my taxes for year 2008 jointly. She needs to apply for ITIN then.

Please suggest me

Thanks a lot,
Pratik

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Yes, you can file jointly and yes, she will need to apply for an ITIN. It does not matter if she worked or not to be able to file jointly and it could help help you in the deduction. Married Filing Jointly (MFJ) is the one of the highest standard deductions you can get. Plus you will get her personal exemption. She will need her original birth certificate and a government issued ID.

But I do not clear the substantial presence test for 2008. I was here only for 173 days considering from 12 July 2008.

You can file resident tax return as Married Filing Jointly.
You will have to wait for to file your tax return till you meet the Substantial Presence Test 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. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555).

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 H1-B tax filing: Your U.S. Tax Return: The U.S. Visas