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    TaxFill's Avatar
    TaxFill Posts: 5, Reputation: 1
    New Member
     
    #1

    Mar 24, 2007, 10:24 AM
    H1(Resident Alien) with spouse(h4)
    Hi,

    I am a resident alien for tax purposes and I got married in India last year(2006). But my wife joint my in jan, 2007.

    1) Can I still file tax jointly considering my wife as a spouse of resident alien.
    2)I also need W-7 form to get an ITIN for my wife. If I can not file jointly Can I still submit
    W-7 form along with F1040
    Your response is greatly appreciated. Thanks.
    its_me's Avatar
    its_me Posts: 5, Reputation: 1
    New Member
     
    #2

    Mar 25, 2007, 10:53 AM
    I have a similar question. Although I got married in Feb 2007 and my wife is in US with me now. A friend of mine was in the same situation last year and he did get deductions for his wife. Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Mar 29, 2007, 10:48 AM
    TaxFill:

    YOU can file jointly with your wife; her physical location in 2006 is not relevenet. File the W-7 only if you are filing jointly. The IRS will not issue the ITIN if it is not needed for the tax return.

    Its Me:

    You CANNOT file jointly with your wife, as you were NOT married on 31 December 2006.

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