HI

I am on H1 and working in US from March 2005. I got married in August 2006 and My wife came to USA from India on 4 Sept 2006. We are living in California and we want to file jointly. In this case What forms should I file for federal and state rturns? Can I use 1040EZ for federal? Is it better to waite until my cpmpletes 183 days stay in USA?

Thanks in advance for your time and effort.

Kumar

Kumar:

You do NOT have to wait, because you are considered a resident alien, and she will file jointly as the non-resident spouse of a resident alien.

You CAN use Form 1040EZ, but you will need to complete Form W-7 to get an ITIN for you wife. She signs the W-7. You both sign the 1040EZ. You attach a notarized photocopy of her passport to the W-7, and send the W-7, the notarized photocopy and the 1040EZ to the address in the W-7 instructions.

Hi,

Thank you very much for your help. What form should I use for my Califonia state returns? What to do ITIN for my California state returns.

Once again thank you very much.

Kumar

You need to wait for the IRS to send you the ITIN before you file the California tax return. I believe the form is CA Form 540.