[Kirbyjd]

I arrive here in the US using H1B visa last Sept. 24, 2007. My wife and son arrived with me as well using H4. We never left the US since then. I have a SSN but my wife and son can't get one.

Questions:
1) Since I did not qualify for the SPT for year 2007, I'd like to elect 2007 as my First-Year Choice. Is there a document to fill out to declare my election?

2) Do I need to wait for the end of March 2008 (where I would already pass the SPT) to file my Income Tax Return or can I file it now (using First-Year Election) given the fact that I know I will be staying here in the US even until after April 15th, 2008?

3) Is it straight forward (filling up form W7 and attach it to I-1040) to file for my dependents TIN?

4) Does my wife and son qualify for First-year election as well for tax claiming purposes?

Thanks!

[dwtaxpayer]

I think,

1) To make first year choice, you should be a resident first, which means you have to meet SPT.

2) To meet SPT, you should wait until end of MAY 2008, because of SPT caculation rule.
(you have 33(98/3) days for 2007, so you need more 150 days for 2008)
So you should file Automatic Extension form (4868) by April 15, 2008, and when you meet SPT, you can file 1040 or 1040EZ.
Even though you cannot claim standard deduction, you can still claim other itemized deductions (schedule A) .

3),4) not sure about this.

[AtlantaTaxExpert]

Kirby:

You DO need to wait until the end of May 2008 to file to meet SPT.

You CANNOT file Form 1040EZ because of your child; you must file Form 1040 or 104A.

You must attach a residency choice statement to the tax return.

You must submit Form W-7 with a notarized photocopy of the applicant's passport attached to the W-7. One for your wife, one for your child.

You will file jointly with your wife and claim your child as a dependent. You also qualify for the $10,700 standard deduction PLUS the $1,000 Child Tax Credit.