[lengxie]

Hi AtlantaTaxExpert,

My husband and I came to the US in Dec.2002 as F1 and F2.
My husband got his H1B visa Oct 1.2006 and I am H4 visa holder.
We had a baby last year and he is a US citizen.
I still have not ITIN number.

My question is:
1.Can we wait till early June to file jointly under First Year Choice as resident alien using form1040?

2.Attch w-7 form to tax return form to get my ITIN number at the same time?

3.When I get the ITIN number then file the state tax refund as joint too(We are in CA)?

4.Can we also get child deduct credit?

Thank you very much for you help in advance.

[AtlantaTaxExpert]

1) Yes.

2) Yes.

3) That s ONE way to do it; you can file the California return right away, put APPLIED FOR where your SSN would be on the California return, then notify California when you get the iTIN.

4) Yes, you WILL get the Child Tax Credit!

[lengxie]

Thank you very much for your help.
1.Could you tell me how can we notify California when we get the iTTN ,by mail or other form to fill out?

2.As we are China Citizen, and also my husband can claim $5000 exception treaty,so should he file 8843 too?

3.Can we claim our baby as dependent too?

Many thanks

[AtlantaTaxExpert]

1) Probably by mail.

2) If you file jointly, he CANNOT claim the treaty exemption.

3) Yes, if you file jointly.