I came to US on Oct-2011 on H1 and my wife on H4 visa. As per guidelines I qualify for non resident alien but on that status I can't file my tax jointly and also can't take dependent benefit for my wife. Is there any work around ? Or what is the best way to proceed ? By anyway I can file jointly by waiting some time ? Any help will be appreciated.

Thanks in advance

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,600 joint standard deduction plus two $3,700 personal exemption (for yourself and your wife). You must WAIT until sometime in June 2012 to file in order to meet the Substantial Presence Test.

To apply for an ITIN, you need to complete Form W-7 for your wife. You need to make a photocopy of her passport, then get the photocopy notarized. This can be done at your local bank in most states in the U.S. The notarized photocopy is stapled to the SIGNED Form W-7, then paper clipped to the tax return with your spouse name on the return, but with the SSN area blank.

The IRS evaluates the W-7 and notarized passport photocopy, and, if all is in order, then issues the ITIN and inserts it on the tax return where your wife's SSN would go. The return is then processed and the refund is sent to you.

The IRS then issues an ITIN letter which is mailed to you in a separate envelope. You then insert the ITIN on the state tax return and submit it.

All in all, the process takes about ten weeks to complete.

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