[bright2008]

Hi,

I camed to the U.S. in 2002 on F1 visa until Oct. 2007 when my status changed from F1 to H1B. My wife came to the U.S. Sep 2007 on F2 visa and now her status is in transition from F2 to H4.

Am I eligible to file 1040, married jointly? She does not have SSN or ITIN. Should she apply for ITIN first, so that we can file jointly?

When she fills W7 form, what visa status should she use?

Thank you in advance!

[AtlantaTaxExpert]

Even if you do NOT file jointly, you can file as a resident alien, because your five-year exemption period for your F-1 expired on 31 December 2006.

File jointly with your wife and submit Form W-7 with the return to get your spouse her ITIN. Choose OPTION E (spouse of resident alien) on the W-7.

Submit a notarized photocopy of her passport with the W-7, and mail the passport photocopy, the W-7 and the joint tax return to the address in the W-7 instructions.

You will have to hold off on filing the state tax return until the ITIN is received from the IRS.

Entire process takes about six weeks.