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    rdkeka's Avatar
    rdkeka Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 28, 2009, 04:56 PM
    F-1 Student for 6 years; now married. Which forms to fill?
    Dear Moderators and members,

    I am on F-1 since August 2002. I got married in June 2008 and my wife joined me (on F-2) in Sept 2008. From previous user question/replies, I am aware that I need to fill the W-7 form and mail it to the Texas office. I am also aware of the requirements for obtaining ITIN. I still have following questions:

    1) What form do I need to fill? 1040, 1040EZ, 1040NREZ or some other?

    2) My wife doesn't have any gross income for 2008. So what filing status should I choose? Married filing jointly?

    3) Since I am starting late, it is likely that my wife won't obtain her ITIN number in time for us to file the state tax return jointly. Can I file Federal and state taxes under different marital statuses?

    I thank you in advance for your time and help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 15, 2009, 01:54 PM
    1) Form 1040EZ

    2) Married filing jointly.

    3) File it late; if yo are due a refund, there are NO adverse consequences for waiting for her ITIN. If you are in California or Indiana, you do NOT have to wait for her ITIN.
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