[Vaidya_N]

Hi,
I changed from OPT to H1 in October 2005. Since I donot meet the substantial presence test, I shall be filling as a NON RESIDENT for 2005 using 1040NR-EZ. I am confused as to how I should file for my wife's taxes. Should I:

a) file my wife's W7 with option "g" (Dependent/spouse of a nonresident alien holding a U.S. visa). In this case, the form mentions that "If you check box b,c, d, e, or g, you must file a tax return with Form W-7 unless you meet one of the exceptions". What tax return should I be filling along with the W7 - is it for me or my wife? If it is for my wife, what form should she be filling. I could see not "Married filling jointly" option in 1040NR-EZ. I am wondering now if I should be using this form at all.

b) I have half a mind to file an extension (Form 4868), then wait and file a normal Form 1040EZ along with my wife in June so as to avail the standard deductions. In this case, how can I file my state taxes now without my wife's ITIN?

I am totally confused on what to do in my case. Can AtlantaTaxExpert or someone in this situation help me out please?

Thanks in advance...

Vaidyanathan

[AtlantaTaxExpert]

Vaidyanathan:

I recommend you do option B. You file the W-7 with Form 1040EZ, along with a notarized copy of your wife's passport. The $5,000 extra deduction for your wife filing jointly make it worth the wait.

File an extension for your state tax return, as you cannot file them without the ITIN, and you will not get the ITIN until after you file in June. It normally takes the IRS about a month after you file to return the ITIN to you.