[vishalnanda123]

Hi

I am in Pennsylvania since June 10, 2006 on H1 visa. My wife and kid also came with me on the same date on H4 visa.
They went back to India on 31st July 2006 for vacation and came back to US again on 10th Dec 2006. Thus they have spent about 71 days in USA in 2006, whereas I have been here for more than 183 days (June 10 to 31st Dec 2006)
I have applied for their W7 and would be getting their ITIN number. Once I get the same,
What form should I use to fill the taxes ? Is it 1040 or 1040A or 1040 EZ ?
What should be my status : Should it be Resident Alien or Non- Resident alien
(The IRS website does not help me understand these terms)
Also what should be my filing status ? Married Filing jointly or Head of Household ?
My wages for 2006 for these 6 months is $35272.
Do I qualify for EIC (Earned Income Credit) for my wife and kid ? If yes, how much ?
Can I claim my wife and kid as dependents ?
I looked at various sites (Internal Revenue Service , wwww.turbotax.com etc but still not sure what my case is.
Could you please help ?

Thanks
Vishal

[AtlantaTaxExpert]

File Form 1040A, filing jointly with your wife. You must submit the W-7 with the Form 1040A, leaving your wife's SSN area blank. Send the W-7 with the Form 1040A and a notarized photocopy of her passport to the address in the W-7 instructions.

You cannot claim your child as a dependent because the child was not in the U.S. for at least six months. Regardless, you were NOT eligible for the EIC. You CANNOT claim your wife as a dependent for the same reason as your child. The Joint filing requirement noted above can be used, however, because to file jointly, your wife's physical location isirrelevent.

If you need my professional help for this, contact me at [email protected].