H4 visa for wife, filing jointly, when and where to apply

[gpcrish]

I am new to this forum. I am on H1B and i got married a month ago , brought my wife into the US, last week. I would like to file my tax returns for 2009, jointly. My wife needs to fill up the W-7 , and if i understand correctly I must send W-7 (and supporting documents) along with the tax return? I have been filing 1040 , since i have been in the US for over 8 years. If i send W-7 along with the tx return where do i file my return ? Based on the State i used to send my tax return to
Dept of Treasury
IRS, Austin, TX 73301-002

Now since i have W-7 also should i send the tax return to
IRS
ITIN operation, p o box 149342, Austin TX ?

will this delay the processing of my tax return ? I am assuming that the ITIN operation center after processing the W-7 of my wife, will pass the tax return to the tax processing center?

I am concerned that my tax return may get misplaced. Can i send the W-7 now separately and not with the tax return ?

Thanks
crish

[Atlanta Tax Guru]

You must wait until 2 January 2010 before you can file the 2009 tax return and Form W-7. The IRS will NOT ACCEPT the W-7 by itself unless you need the ITIN to open a bank or brokerage account for your wife, or she needs the ITIN for schooling. In both cases, you will need a letter from the bank, brokerage house or school.

Send both, along with the supporting documents, to the ITIN Processing Center. the complete address can be found on the ITIN instructions.

The IRS is very careful when processing these forms and normally will NOT lose the return.

[H4tax]

Hi, I am on H1-b and last year got married in April and my wife came to US with me on 26th April. From what I understand, to file jointly I need to file 1040 along with W7 to apply for her ITIN. Now since my wife does not have a social and as of now no ITIN also, so
1) do we qualify for getting the make money credit (800 for filing jointly)?
2) If she does not qualify as dont have a social, can I anyhow get 400$ for myself?
3) or is it that both of us dont qualify as we filing jointly and so cannot claim even $400 for myself?

Please advice on above question.

Thanks!

[Atlanta Tax Guru]

1 & 2) Yes, you qualify for the $800 Make Work Credit; the ITIN does NOT disqualify your wife.

[H4tax]

Thanks for replying back, but I heard that you need to have a social security number for the Make work credit. Is that not correct?

Also, since I dont have her ITIN at this time and would be applying for the same along with the TAX so her social security number coulumn would be empty. Irrespective of this you are saying I should include the 800$ credit on line 40 of form 1040 and schedule M, correct? Please advice. Thanks in advance

[Atlanta Tax Guru]

No, that is NOT correct.

I have already prepared and efiled several returns which had ITINs on them, and they GOT the $800 Make Work Pay Credit.

[H4tax]

Thanks Atlanta Tax Guru, appreciate you replying back so quickly.

[Atlanta Tax Guru]

Glad to help!