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ravi5913 · Apr 1, 2006, 06:46 PM

Hi,
I'm on J1 visa, came to usa on 09/2004. I'm from India and a non resident both for tax purpose and immigration purpose. My wife who is on J2 visa worked for a little time in the year 2005. She stopped working as she was a pregnant, we had our baby on 12/22/05. Now we wanted to file jointly (as she earned small amount), which forms should we use? Also, I'm still waiting to receive my baby's SSN, so how can we claim our baby, should I apply for ITIN number for her (w-7 form?)along with the taxes.

AtlantaTaxExpert · Apr 1, 2006, 10:55 PM

Ravi:

Congratulations on the birth of your daughter! Wait for her SSN.

I assume you filed Form 1040NR for 2004. You can file that way again, but you cannot claim your wife as a dependent since she earned money. She must file her own Form 1040NR.

Claim your daughter on your return.

ravi5913 · Apr 1, 2006, 11:42 PM

Hi Atlanta tax expert,
I really appreciate for your quick response. Sorry for bothering you more. If we both apply individually then we are going to lose around 1000 bucks, is there any other way we can file jointly?
Second thing all these days I did waited for my baby's SSN (and I will wait till up to the last day), but what if it won't come till 17th, what would be the next option?
I'm really thankful to you.
Regards
Ravi

AtlantaTaxExpert · Apr 2, 2006, 05:59 PM

Ravi:

Download IRS Pub 519 from www.irs.gov and read page 6. If you are in the profession that makes you exempt under a "J" visa, then you cannot file jointly.

If not, then you both clearly qualify under the Substantial Presence Test and you can file as a resident alien using Form 1040. That will allow you to file jointly.

If the SSN does not come in by 17 April 2006, but you are entitled to a refund, just mail in Form 4868 to request an extension, then file when the SSN finally comes in.