[happygolucky_in]

Hi

I was working in US throughout 2007.
I went to India in December 2007 and got married.
I returned to US with my wife in January 2008.

My question is - Can I opt for Married Joint Filing since I got married in 2007?

I would like to opt for it since it would give me better refund but I am doubtful about this since my wife was outside US throughout 2007.

Please help me with this.

Thanks & Regards,
Rahul

[MukatA]

What is your current visa? Yes, if you can file resident return, then you can file as MFJ.

[happygolucky_in]

Thanks for the quick reply.
My current visa is H1B and my wife is no H4. So its OK to file MJF right?

I have few more questions.

1. My wife does not have an ITIN. So for federal retuns, I can attached the W7 and say "Applied for ITIN" in Spouse SSN field right?

2. What about state returns? I am resident of CA. Can I mention "Applied for ITIN" in the spouse field here also? If so, should I include copy of W7 or any other documents?

Thanks.

[MukatA]

On the federal tax return, leave spouse SSN field blank.
You will file CA tax return only after you get ITIN. Meanwhile, if required, file for extension.

[happygolucky_in]

Thanks,
I have one more question.
Which form should I use for my state (CA) tax returns.

My wife was not in India throughout 2007.
Can I use CA 5402EZ or should I use CA 540 NR?