[sacaskme]

I am working on L1A in US since 10th Nov'08.
My wife and daughter (born on 29th Dec'08) are in India.

The W2 form shows my status as Single.
How should I file my Tax return?

My wife and kid will join me in April, and I heard that they will require my tax filing details for applying L2 visa.
Please Help.

[AtlantaTaxExpert]

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

However, you CANNOT claim your child, because she spent NO part of 2008 in the U.S.

You will need to submit Form W-7 to apply for an ITINs for your wife. A notarized photocopy of her passport needs to be stapled to the W-7.

The downside is that:

• you must WAIT to meet the Substantial Presence Test before you can file, which means you must wait until 15 June 2009.
• you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.