Hello,
I am on L-1 visa and I have been working in US since June 2009. This will be the first time I will be filing my taxes. I got married in October 2009 and my husband came to US as my depandant L-2 in December 2009 and he is scheduled to go to home country during March 2010. I have SSN and my husband doesn't have SSN nor ITIN. Will I be eligible for filing the tax as Married Jointly?
Please clarify.
Hema

Hema:

You can file jointly with your husband and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your husband).

You will need to submit Form W-7 to apply for an ITIN for your husband. A notarized photocopy of his passport needs to be stapled to the W-7. In most states, the notarization can be done at any local bank. Failing that, the local IRS office can certify the photocopy as a true copy.

The downside is that you must declare ALL 2009 world-wide income (his and your income in his home county), but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.

If you want professional help doing this, email me at [email protected]. You will find my fees to be quite reasonable.

Thanks for your reply Atlanta tax expert.
I would like to know when is the right time to file my tax return as my husband is scheduled to visit home country during beginning of March 2010. Can I file my tax return with W7form for my husband even when my husband is outside USA?

Yes, you can.

However, your husband has to SIGN both the Form W-7 and the tax return. If you have to delay mailing the return, make sure he signs both documents BEFORE he leaves.