[ashsri]

Hi,
I came to US on March 6th 2006 on a H-1 visa. On Sep 1st 2006 my wife joined from on a H-4B dependent visa.

I am staying and working in New Jersey state since the day I came to US in 2006.

I have never been to US in the year 2004 and 2005.

On Oct 2006 my visa L-1 petition got approved and on Dec 2006 my wife's L-2 visa got approved, while we are here.

Since my wife is on a dependent visa, she doesn't have either SSN or an ITIN.

In my W-4 form, that I submitted to my employer, I have federal exemption of 3 and my marital status is 'married'.

I would like to know,
For Federal tax filing:
1) As I meet SBT criteria I am considered as resident alien and my wife a non-resident, can I go for joint filing option?
2) If so, which federal tax filing form do I have to use?
3) Since I have to apply for ITIN for my wife, I cannot go for e-filing. So, for paper filing of tax returns what all documents do I have to use?
4) For obtaining ITIN along with filled up W-7 form, what all supporting documents are needed?

For State filing:
1) Which form do I have to use for NJ state tax filing?
2) Just like federal filing, do I have to opt for paper filing of tax return? If so, where do I send the tax filing form to? What documents are needed?

Can somebody please answer these questions?
Your answers will be greatly appreciated.

Thanks,
Ashsri

[AtlantaTaxExpert]

1) Yes.

2) File Form 1040, 1040A or 1040EZ jointly with your wife.

3 & 4) Form W-7 with a notarized photocopy of her passport, attached to the tax return, is all you need.

State:

1) NJ-1040.

2) You need to wait untilthe IRS sends you the ITIN. Then (and only then) can you file your New Jersey return.

If you need my professional help, contact me at [email protected].

[ashsri]

Thank you very much for your answers. Yes it is indeed helpful.

Thanks,
Ashsri

[AtlantaTaxExpert]

Glad to help!