Filing Status-Dependent

[Bird Legs]

Client, from India, have been doing his tax return for 5 years, came in to have his tax return done. In the past he has been filing as single.
This time he hands me a Soc. Sec. card for wife. Says he has been married for
7 years but the wife did not have a Soc. Sec. Card.
This S S card says "Valid for Work Only with DHS Authorization". Apparently the wife obtained this card in 2005.
Does this qualify client to file MFJ with wife and also can he electronically file his return?

Thanks, am needing all the help I can get.

[Possi]

resident alien

I just looked again b/c I had a similar situation.
Chapter 1 of pub 519 would say she is a resident alien. If she met the substancial presence test that is.
She likely met this test years before if she has been living here all this time.
I claimed MFJ for my client and filed a W7 with the paper return for an ITIN. This is not for work, but for tax preparation.

[Brian EA]

Client, from India, have been doing his tax return for 5 years, came in to have his tax return done. In the past he has been filing as single.
This time he hands me a Soc. Sec. card for wife. Says he has been married for
7 years but the wife did not have a Soc. Sec. Card.
This S S card says "Valid for Work Only with DHS Authorization". Apparently the wife obtained this card in 2005.
Does this qualify client to file MFJ with wife and also can he electronically file his return?

Thanks, am needing all the help I can get.

Yes he can file MFJ and electronically. He can also amend prior year returns

.

[Bird Legs]

Thanks to

both of you, Possi, Brian. Really appreciate this.