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    vishald17's Avatar
    vishald17 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 22, 2008, 03:21 PM
    H1 visa holder - query on tax filing status
    Hi,

    I came to the US on 29th Sept 2007. I am married.
    I am here on H1B visa.

    My wife joined me on the 26th Jan 2008.
    My query is that while filing my returns for the year should I enter my filing status as "married filing seperately" or "married filing jointly".

    I understand that since I have only been in the US for 93 days I will get all my federal and state tax as refund.

    But if I select married filing separately then I am not getting all the refund and If I select married filing jointly then it asks for SSN of my wife... but since she is on H4 visa she does not have a SSN no.

    Please guide me oh what do I select as the status.

    Thanks in advance,
    VD
    magicman2007's Avatar
    magicman2007 Posts: 10, Reputation: 1
    New Member
    		  
    #2

    Feb 22, 2008, 07:32 PM
    Hi,

    If you came to usa for the first time on 29th Sept 2007 then you have to file a non-resident alien return 1040NR. If you are from India, in 1040NR you can just claim exception for you.

    This is my suggestion. Get another opinion from a qualified CPA.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #3

    Feb 23, 2008, 12:47 PM
    Since you are married, you can elect to file jointly. You should look at Form W-7 and its instructions. You will send your tax return with Form -W-7 to a special address listed in the Form W-7 instructions and the IRS will assign an ITIN to your wife and then process the tax return. Certain documents will need to be included with the Form W-7.
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