[rockstar_USA]

Hello,

I am an indian citizen ,working on H1B visa in USA right now and my spouse is a canadian citizen. We got married in December 2009. I have following questions.

1.
My spouse is still in canada and is planning to come down in April 2010 on H4(she doesn't have H4 right now). I am wondering if I could still file my taxes jointly for 2009 even though spouse is in canada? Or do I need to wait for my spouse to come down to USA first for that?

2. Do I need to get ITIN number first before I file my taxes jointly? Do I need to wait for my spouse to get here and then apply for it? How long it takes to get ITIN? Do I require to submit a copy of her H4 to get ITIN or just a passport copy?

3. Can I wait after 15th April to file my taxes if I don't owe anything to the government? (So that my spouse can come down here if she needed to be here to file jointly)


Your help is much appreciated.

Thanks in advance :)

[MukatA]

1. You can both choose to file joint return as residents even when your spouse has never been to the U.S. You must both report worldwide income. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
2. Attach W-7 (ITIN application) with your tax return.
3. You must pay any tax due on or before April 15, 2010 even if you file for extension.

[rockstar_USA]

1. You can both choose to file joint return as residents even when your spouse has never been to the U.S. You must both report worldwide income. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
2. Attach W-7 (ITIN application) with your tax return.
3. You must pay any tax due on or before April 15, 2010 even if you file for extension.

Thanks for your reply Mukta. I still have some confusion.

I'll be filing as non-resident alien for 2009, does everything is still remains valid?

With which form I should attach W7 with, state or federal? Do I need wait till I get ITIN number to get refunds?

Do you know if I need to file taxes jointly in Canada too even if she was working only part time and not earning significantly?

Thanks for your time!

[AtlantaTaxExpert]

You have not shared with us HOW LONG you were in the U.S. on the H-1B visa, so we cannot say whether your filing as a non-resident alien is correct or not.

More than likely, you CAN file jointly with your wife, even if she IS in Canada.