[lilyaflower]

Hello.

I am on h1b visa, currently employed by u.s. Company. I got my status in October 1, 2009. I want to know if I am considered a resident alien or non-resident alien (please advise me on this). My husband is on h4. Can I file joint return this year including my husband in my tax return? He doesn't have ssn, thus I would like to know when I should submit w-7? Now or along with our tax return? Forgot to mention that he has not earned any type of income.
Am I subject to fica and all other taxes?

Thank you beforehand for your help.

[AtlantaTaxExpert]

You can file jointly with your husband and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,100 joint standard deduction plus two $3,600 personal exemption (for yourself and your husband).

You will need to submit Forms W-7 to apply for an ITINs for your wife. A notarized photocopy of his passport needs to be stapled to the W-7, and both documents submitted with your 2009 tax return.

The downside is that:
• you must WAIT to meet the Substantial Presence Test before you can file, which means you must wait until 1 June 2010.
• you must declare ALL 2009 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.