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pbajaj · Feb 18, 2006, 04:17 PM

Hi,
I have been on H1B visa since June 2004. Before that I was on F1 visa from 2001 to 2004. I got married in May 2005 and my wife came to US on H4 visa in July 2005. She has not been working. I understand that I will have to apply with form W7 to get ITIN for my wife as she is not eligible for SSN. I would appreciate if you could answer these questions:

1. Is it right that I am a non resident alien for Tax purposes?

3. Is from 1040NR all right for filing tax jointly for both of us, or do I need a different form? Is there any other form I need to fill?

4. Can I claim my wife as a dependent for exemptions?

Thanks in advance.

AtlantaTaxExpert · Feb 18, 2006, 06:13 PM

Pbajaj:

1) For 2005, you are a resident alien because of the Substantial Presence Test. In fact, you qualified as a resident alien in 2004 because you were under the H-1B visa for at least 183 days. You may want to see if you want to amend your 2004 return, as you can claim the standard deduction as a resident alien, but not as a non-resident alien.

3 & 4) You should file Form 1040EZ and file jointly with your wife.

pbajaj · Feb 20, 2006, 12:03 PM

Thanks a lot for your reply. It really helped.
Could you please answer this another question? My wife has been on H4 visa since July 2005 and has not been working. She does not have a SSN. I have no children. I have only wages to claim and nothing else.

Form 1040EZ heading says 'Income Tax return for singles and joint filers with no dependents'. Can I still file on 1040EZ and state my wife's occupation as housewife?

Or should I file using form 1040, the heading of which states 'US individual Income tax return', and claim her as dependent in this form.

Your help will be really appreciated.
Thanks once again.

AtlantaTaxExpert · Feb 20, 2006, 07:04 PM

You can use the Form 1040EZ to file jointly with your wife.

You also need to fill out a W-7 and send it along with a notarized photocopy of your wife's passport. Send it to the address on the W-7 instructions. They will issue the ITIN, process the return and send you the ITIN via the mail.