[usman2k4u]

I Came to US in 1st week Jan 2009(F1 Status), married and brought my wife in mid July 2011(F2 Status).

I am on H1B since Oct 2012, was on F1 rest of the year + My wife is on H4 since Oct 2012 was on f2 rest of the year (My Wife has ITIN.) + My son was on on July 2012(Son has SSN).

No other income except for the on on my W2.

Home country= India

What form do I file for federal taxes? Please name the form like 1040 or 1040EZ or a combination for each of us.

Also let me know if filing through one single form is possible and name the form. If any.

We cannot file using 1040NR, because we are residents of NC state now.(Thats what H and R Block told me last year and they filed it)

We have filed our taxes last year with 1040EZ - "Married filing Jointly".

1040EZ doesn't have option to add dependents(My Son). So how do I file his taxes. I am the only one earning in the family.

Thanks in advance.

[AtlantaTaxExpert]

Well, you filed incorrectly for 2011, which is typical of H&R Block when it comes to dealing with non-resident aliens.

You will need to amend that 2011 return at some point, filing Form 1040NR and claiming your wife as a dependent. Expect to pay some extra tax when you file the amendment, so do it as quickly as possible.

For 2012, you can file jointly and claim your child, getting the $1,000 Child Tax Credit. But you must WAIT until 1 June 2013 to file the joint return to meet the Substantial Presence Test. You will probably file Form 1040A, and because everyone has either an ITIN or SSN, you can file the return electronically.

If you believe that you will need professional help filing this year and/or amending the 2011 return, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).