Hi,
I am on H1B came to US in May 2010, My wife does not have US visa, she is going for visa in June2011 and will be in US June 2011, Can I file for extension now and file 2010 tax as jointly. Is it legal ?

Thanks in Advance,
Pradeep

You can file jointly even if your wife NEVER comes to the United States. Her physical location is irrelevent; shoe could live on Mars for all the IRS cares.

Now, applying for an ITIN and filing the tax return with her in another country does complicate the process a bit, but it is not extremely complicated. It just takes more time to file.

If you need professional help filing your return, email me at [email protected] or [email protected]. This IS what I do!

Thanks a ton for the reply ATE,
One more question adding to that, can I file a extension now to make ITIN process easier and file tax when she is here this May ?

Yes, you CAN do that. Just make sure to calculate your return and make sure you have a refund due. If you OWE money, you must send a check whenmail in the Form 4868 to request the extension.

Thanks ATE

Glad to help!