[cyrus_the_yrus]

Hello experts ,
I tried finding answer to questions that were similar to my current circumstance and unfortunately was not able to find one.My concerns are as follows

1) I filed my tax returns in Kansas in 2006 where I was located for one and a half month.
2) I continued in Kansas for about 20 days in January 2007 after which I returned back to India and came back to the US(Massachusetts) in July 2007 and have been here since then.
3) My 9 month old son and wife joined me on a H4( since I have a H1) in December 2007
4) I now have two W-2 from each of the states above.
5) I read some previous answers to queries and will be applying for a ITIN for my wife but since she was here in December 2007 what option would I choose in submitting her W-7, Dependent of U.S. citizen/resident alien or Dependent/spouse of a nonresident alien holding a U.S. visa?

Under the above circumstances , what would be my filing status, "Married filing jointly" or "Head of household".Since my son does not have a SSN , how would I be able to claim him as a dependent?

6) What forms do I need to fill for filing tax returns - is it 1040?

Could someone also throw light on what dual status filing since I could not find any software that allowed me to select that kind of a filing status .Is my status that of a non resident alient or a resident alien ?

Any help on this would be highly appreciated.Even a pointer to a previously answered question that addresses similar questions would be helpful


Thanks in advance

Cyrus

[AtlantaTaxExpert]

Cyrus:

Choose "spouse of U.S. citizen/resident alien" for your wife.

Choose "dependent of U.S. citizen/resident alien" for your child.

You are going to be filing "Married Filing Jointly" and, yes, you WILL be able to claim your child as a dependent.

6) Probably Form 1040A.

You CAN file dual-status, but there is no lgical reason to do so when filing jointly is the BETTER option tax-wise.

If you need professional help, email me at the email address below.