[bommaka]

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

[AtlantaTaxExpert]

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.

[bommaka]

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

[AtlantaTaxExpert]

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.