[srinathms]

Hi:
I have been on H1B since 2006. My wife is on H4 and came to the US on Sep 17, 2011. She worked in India through May of 2011.
1) Can I file my returns as 'Married Filing Jointly'?
2) If yes, should I include my wife's income earned in India?
3) If yes for Question no. 2, what forms should I use for that?

Also, I am assuming that I will have to manually file my returns and include a W7 form to get an ITIN for my wife.

Thanks in advance for your response.

Cheers,
Srinath

[AtlantaTaxExpert]

Srinath:

If you file jointly, you MUST include her Indian income earned in 2011. Further, you will claim the Foreign Tax Credit (Form 1116) for the Indian taxes paid on that income.

You CAN file Married Filing Separately and claim your wife's exemption, but that return will have to be mailed, because your wife has no SSN or ITIN.

If you file jointly and submit Form W-7 for the ITIN, the return MUST be mailed.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.

[srinathms]

Thanks for your response ATE.

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Cheers,
Srinath

[AtlantaTaxExpert]

Glad to help!