Tax Advice: H1B Individual working in US and family in India

[immi_om]

Dear Immi Gurus,

I am an H1B holder working in US since April, 2006. My family (spouse and 2 kids) are in India and will be joining me sometime on MArch, 2007.

Kindly advise me for filing 2006 US tax returns.

1. What will be my filing status ?
Eg: Married filing joint return OR
Married filing separate return

2. What do I need to reply for the following question:
"Will you claim an exemption for your spouse when you file your tax return? "

3. Will I get Child Tax Credit (since my kids re in India) ?

4. Do I need to apply to IRS for getting ITIN for the family members with my return? If can I do this while they are in India or I need to wait until they are here in US.

Your advice will be appreciated.

Thanks
Om

[InfoMan]

This is late response. Your case is little complicated. It is worth going to tax professional (CPA).

Following is not a legal advice:

You could have filed married joint if you had ITIN for your spouse. May be you could if you get it before due date or you can file for extension to get more time.

If you are able to get ITIN for child, then you may get child credit.

Now a days you have to apply for ITIN (Form W7 with income tax return). I believe you need copy of visa stamp and i-94 to apply for ITIN. So wife and child has to be in USA. Further there may be additional conditions for ITIN of child, consult tax professional or visit IRS office.


By this time you may have found the solution. Please post what you were able to do in this case.