Hi,

I have a first time home buyer who is holding H-1b visa. His wife hasn't came to United State yet. (I suppose she doesn't have any visa). Is he qualify for the first time home buyer tax credit? Thanks.

Yes, if he was under the H-1B for the month of December 2009. He can file jointly with his wife even though she is NOT in the United States under a program called First Year Choice.

He will need to submit Form W-7 with the tax return (Forms 1040 and 5405), and he will have to send the return to her for signature on the Form 1040 and the Form W-7, but this is very doable, though it WILL take a bit of time.

I have handled quite of few returns of this nature; have him contact me at [email protected] for a fee quote.