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    gandhika's Avatar
    gandhika Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 28, 2010, 10:50 PM
    Working in H1B Visa, Wife is in India, Need to file 2009 tax returns
    Hi,

    This is karthik here. I'm confused of which status I should apply for.

    I got married and brought my wife to Oregon, USA in 2008 end. She was with me till July 2009 and then left to india for delivery. I was here alone till dec 2009. Now I have got my W2 form.

    I applied for her ITIN for year 2008 and got back a reply from IRS that her last name is not matching and so she was not provided the ITIN.

    How do I apply for 2009 year returns? I want to avoid any confusions but can you please suggest the best possible option for me?

    Right now since she is india, do I file married but separate? Or do I re-apply for ITIN (even without her presence here)?

    Please clarify on this and it would be of great help.

    Thanks in advance.

    Regards
    Karthik
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 29, 2010, 01:18 AM

    You can file joint return as residents. You will attach W-7 (ITIN application) with your tax return. You will need notarized copy of passport. If you use a foreign notary, then you need to attach a certificate in the form of an "apostille."
    OneSolution's Avatar
    OneSolution Posts: 54, Reputation: 1
    Junior Member
    		  
    #3

    Jan 29, 2010, 11:16 AM

    What is form of "apostille" mean?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Jan 30, 2010, 04:14 AM

    Take notarized copy of passport to Ministry of External Affairs for attestation.
    Or get passport in the U.S. and get it notarized in the U.S.
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