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vinay123 · Feb 8, 2008, 02:10 PM

Hello,

I am in USA on a J1 visa since 19 Jan2005. I got married in Dec23' 2007 and my wife arrived here in 23 Jan 2008. Am I eligible to file as married and claim benefits on my returns for 2007? This year I would be filing as resident alien. Also she does not have an ITIN number and I am not planning to apply since she is eligible for work after she gets her work permit. In that case she will have an SSN, however this may take a long time (definetly after the deadline for tax filing)

Any help would be highly appreciated.

Thanks

vinay

AtlantaTaxExpert · Feb 13, 2008, 02:11 PM

Vinay:

Since your exempt status as a non-resident alien expired on 20 January 2007, you can file jointly with your wife and you BOTH choose to be treated as resident aliens under the First Year Choice Program.

She can apply for an ITIN by submitting Form W-7 (with a notarized photocopy of her passport attached) WITH the tax return.

You can probably file Form 1040EZ.

vinay123 · Feb 14, 2008, 11:03 AM

Originally Posted by AtlantaTaxExpert

Vinay:

Since your exempt status as a non-resident alien expired on 20 Janaury 2007, you can file jointly with your wife and you BOTH choose to be treated as resident aliens under the First Year Choice Program.

She can apply for an ITIN by submitting Form W-7 (with a notarized photocopy of her passport attached) WITH the tax return.

You can probably file Form 1040EZ.

Thank you very much for your reply, could you help me with one more query, would applying for an ITIN by submitting form W-7 WITH the tax return, create problem for getting an SSN later. On J2 she is eligible to work once I get work permit (I plan to apply for work permit now, however it would take about 8 weeks and she would be eligible for SSN only after she gets a job, which could be well after the deadline for filling taxes).

Thank you very much for help

Vinay

MukatA · Feb 14, 2008, 11:22 AM

If she will get SSN, then don't file your tax return now.
Do your tax return and pay all the due taxes. Apply for automatic six months extension to file the taxes.

vinay123 · Mar 1, 2008, 11:15 AM

Hello thanks to your advice I am planning to file a joint return with my wife. One more question with regards to filing state return, I reside and work in Maryland, for the state return can I also claim my wife as a dependent (she came here in 2008). Can I do so without the ITIN or SSN or do I have to wait till I get it.

Thank you all very much for yor help