[c_rahul5578]

Hi,

I am working in US since Sept '06 in US on H1B Visa.
My Wife joined me here in US in Oct 06 on H4 Dependent VISA.

As per the current W2 form from my employer, my Income is around $19500. Also I have already paid around $4100 towards Federal Taxes and around $1100 towards State taxes . I don't have any other income source in US.

As per the guideline from My company, for initial 183 days, I have put my Status as SINGLE.

A) I checked on H&R Block online Calculators and found three options for filing the returns.

1) File as a single.
2) File as Married jointly
3) File as Married Separately.

Under which Status Should I file the returns to get maximum possible returns.

B) Is there is any condition like I have to file for returns only after completion of 183 Day stay in US for BOTH me and my Wife? (My Wife don't have any SSN or ITIN)

C) Out of Federal and State taxes, How much refund I will get?

Regards.

[taxsearcher]

Hi,

I am working in US since Sept '06 in US on H1B Visa.
My Wife joined me here in US in Oct 06 on H4 Dependent VISA.

As per the current W2 form from my employer, my Income is around $19500. Also I have already paid around $4100 towards Federal Taxes and around $1100 towards State taxes . I dont have any other income source in US.

As per the guideline from My company, for initial 183 days, I have put my Status as SINGLE.

A) I checked on H&R Block online Calculators and found three options for filing the returns.

1) File as a single.
2) File as Married jointly
3) File as Married Separately.

Under which Status Should I file the returns to get maximum possible returns.

B) Is there is any condition like I have to file for returns only after completion of 183 Day stay in US for BOTH me and my Wife? (My Wife dont have any SSN or ITIN)

C) Out of Federal and State taxes, How much refund I will get?

Regards.

It is not possible to answer your question completely without more information.

Basically, you cannot file single, so forget that one.

Your next choice needs to be your residency status. You cannot file as a Resident at this point. You are a Non-Resident and non-residents cannot file a joint return.

If you want to wait until you become a resident (after meeting the 183 days) then you may make the first year election for 2006. With this change you can file jointly. Technically it makes you a dual status alien but another election would allow you to be a resident all year (if you both make this election).

However, residents need to report all income from worldwide sources, so depending on your situation this may not necessarily be a good result.

In the end, the answer "depends" on too many variables. You might be better off with a tax professional, but choose one with knowledge of international tax issues and not a basic return preparer. I\In my opinion, it is best to choose an EA or a CPA.

[AtlantaTaxExpert]

I agree with TaxSearcher that you need to provide more information.