Tax filing

[akpatelav]

Hi,

I got married in Nov 2009 but my wife will be in US by March end 2010.
Recently I came to know that if I file tax returns jointly and if she doesn't have Tax Identification number than she has to file W7 form (W-7 form has a field which says Entry Date in US).

My question is, as she was not in US in 2009 though we got married, can I still get the benefit of filing tax returns as married or ill not have any benefit as she never came to US ? If I file tax returns once she lands in US, would it be beneficial in anyway (spl returns I get after being married) ?

Thanks for your help
Ajay

[Jeff4cpa]

Perhaps you should make the election to treaty your nonresident alien spouse as a U.S. citizen or resident for the entire year. If she has India source income, then you would have to claim it while taking a credit for foreign taxes paid. It does not matter when she entered the country if she makes the election. If I were you, I would attach documentation of the tax laws so that the IRS employee (who may be a low level employee) would know how you are filing the return.