[ptwos]

Hi,

I am on L1 Visa staying in US since 1s Dec 2009.
My husband and 2 kids have L2 visa but have never visited US and they live in India.
They are planning to join me during April 2010 for few months of stay in US.

For the year 2009 I have filed my returns as Non-resident Alien, Married filing separately.

Please help me with the below for filing 2010 returns.

1.What will be my filing status for 2010.
2.Can I claim my husband and kids as dependents.
3.What are the options available for tax exemptions.

Appreciate your response.

Thanks

[ptwos]

Hi,

Please help me out.
Your timely response is much appreciated.

Thanks

[MukatA]

You can file joint return as residents. With joint return attach W-7 (ITIN application) for your spouse. You can not claim you child as child has never been in US. Your U.S. Tax Return: The U.S. Visas

Or you can file resident return as married filing separately.

[ptwos]

Hi Mukta,
Thank you! I have few more clarifications *** help.

Confused about my status, am I Resident Alien or Non-Resident Alien.
If I file joint return as residents, do I have to attacha covering letter stating the same or are there any forms to be used to mention the same.

Thanks

[MukatA]

For federal tax purpose, you are resident for 2010. You have spent more than 183 days in 2010 in US.
No statement is needed. You can only file as married filing jointly or married filing separately.

[ptwos]

Hi Mukta,

Thank you for the help.
I have another clarification.
In case I opt to file as married filing jointly do I have to declare my worldwide income.
If yes, which form I have to use.
Thanks