[Allen123]

Hi experts,

I did some research on the internet and I want to make sure what I get is right. Below is my visa status.

F1 from 2006/6~2009/9 (My wife F2 with me in US), including OPT from 2009/1~2009/9.
H1 from 2009/10~now. (My wife H4)

This is what I am going to do during 2010 for tax year 2009.

1. File form 4868 for extension before 4/15/2010.
a. Put my wife's name on the same form and "ITIN TO BE
REQUESTED" on Spouse's SSN field.
b. Put the estimate of the total tax liability by using Form 1040NR, which means the tax I put here will be higher than the one using 1040 during step 2 because I can't get exemption and deduction from my wife.

2. After 6/2009. I pass SPT and I can file 1040 jointly with my wife as resident aliens with
a. A statement stating we choose to be treated as resident aliens.
b. W7 for my wife to apply ITIN.
c. My wife should get the ITIN number later.
d. If I own and pay tax $X during step 1 and can get return $Y during step 2, I should get $X+$Y back several weeks later.

Please advice. Thanks in advance.

[MukatA]

If you have work visa, you can file joint return as residents for 2009 after you complete SPT in 2009 or in 2010. Attach W-7 for spouse with your tax return. Both must report worldwide income.

[Allen123]

Hi MukatA,

Thanks for the quick reply. I wanted to make sure when I file 4868 for extension this year, should I use either 1040NR or 1040 to get the estimate for my tax liability? Thanks.

[AtlantaTaxExpert]

The IRS says to use the Form 1040NR, but, more than likely, you have had enough taxes withheld to cover your tax liability. If so, then mail just the Form 4868.