[Jith]

Hello,

I am on H1 (from Oct 2008) and I got married in Aug 2009. My wife joined me in the US on the 26th of Sept 2009 and she is on H4. I have a few questions regarding tax filing for 2009.

1) Am I eligible to file a Joint Tax return?
2) What other documents should I send since my wife does not have an SSN? Maybe a W-7 form along with the tax returns?
3) Should I mention her Salary in India (Jan to Aug 2009) in my tax returns?

Thanks,
Jith

[AtlantaTaxExpert]

Jith:

1) Yes, but you must wait until 1 June 2010 before you can file.

2) Form W-7 with a notarized photocopy of her passport picture page. This MUST be submitted with the tax return in June 2010.

2) Yes; since you are filing jointly and CHOOSING to be treated as resident aliens (you will sign a statement to this effect), ALL world-wide income must be reported. You can file Form 1116 to claim the Foreign Tax Credit for income taxes paid to India on her salary.

If you need professional help filing, contact me at [email protected].

[MukatA]

1. You can file joint return as residents without any waiting since you are here from Oct 2008.
2. yes
3. Yes, and also file Form 1116 or Form 2555. Seems like she qualifies for 2555.