[032880]

Hi,

This is my situation:
1. F1 status from August 2004 to Sept 2007
2. H1B started on 1st October 2007
3. Got married in December 2006, wife came to US in Feb 2007 on F2, changed to H4,Oct 07

My Questions:
1. What forms/status should I file
2. How should I claim deductions towards my wife
3. I applied for her ITIN in March 07, but was rejected and the rejection letter says that "F2" dependents are not eligible for ITIN... is she eligible this time?
4. Do I file 8843 this time?

I will really appreciate any help on these issues.
Thanks

[AtlantaTaxExpert]

You should file jointly with your wife and claim a JOINT Standard Deduction of $10,700. You submit the W-7 with this tax return. The ITIN will be issued this time.

No Form 8843 is required.

[adhurka]

My question is: Is Mr.032880 allowed to file a joint return, given the fact that he is still a non-resident for 2007? (Only 90 days in SPT).

Thanks.

[AtlantaTaxExpert]

This IS permitted under the Married Filing Joint option spelled out for First Year Choice. He must wait until 1 June 2008 before he can file, but the tax advantages gained are well worth the wait.