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    pablo83's Avatar
    pablo83 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 28, 2011, 01:38 PM
    I don't know what form to file. 1040NR vs 1040 NR-EZ?
    I'm from mexico and started to work in the US since September 18 with a TN Visa. My wife now has a TD visa and she lives with me. I have a SSN but my wife isn't eligible for one, so we have to attach her W-7 form to our tax return one to get her an ITIN.

    However, I've been reading and I've got confused with the 1040nr and 1040nr-ez forms. Are we eligible for a tax return?

    Thanks,
    BM
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 15, 2011, 01:59 PM
    BM:

    You CAN file Form 1040NR and claim your wife as a dependent.

    However, the BETTER option is probably to file JOINTLY with your wife, with both of you signing a statement that you BOTH CHOOSE to be treated as resident aliens.

    It would require you claim ALL wolrd-wide income for 2010, but you can file Form 1116 to claim the Foreign Tax Credit.

    Filing jointly in MOST cases results is a larger refund.

    If you need professional help filing your return, email me at [email protected] or [email protected].
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