I am H1b visa, my husband is on H4. I want to file my taxes ,my spouse has no ITIN number. we booked an appointment with IRS office. they told us to bring the 1040 form?

[Vanessa A]

Have you met the  Substantial Presence Test.  If not, then you would need to file a 1040NR which TurboTax does not support, however our partner Sprintax.com does so you can file that with them.

I am not sure what you made the IRS appointment for, however, in general, if you are filing as a US Resident and want to include your spouse that does not have an ITIN, you would need to print and mail your return along with the W-7 and any other required documents to the IRS.

If the IRS wants you to bring your return with you, then do not print and mail your return, to the address for the ITIN, instead, take it all with you.  They will further instruct you on what you need to do. 

If you have met the substantial presence test, then depending on when you met it would affect your choice selection of how to file. If you met the substantial presence test part way through 2024, then you would be considered a Dual Status Alien which means you would file both a 1040NR for the time before you met the test and a 1040 for the time after you met the substantial presence test until December 31 of the tax year.  

Since you are married, you would have the option of First Year Choice.  This allows you to be treated as a Resident Alien for the entire year.  If you make this election, then you would only fill out a 1040 form and not the 1040NR.

Choosing Resident Alien Status If you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply. 

•  You were a nonresident alien at the beginning of the year. 
•  You are a resident alien or U.S. citizen at the end of the year. 
•  You are married to a U.S. citizen or resident alien at the end of the year. 
• Your spouse joins you in making the choice. 

This includes situations in which both you and your spouse were nonresident aliens at the beginning of the tax year and both of you are resident aliens at the end of the tax year. 

Note. If you are single at the end of the year, you cannot make this choice. If you make this choice, the following rules apply. 

• You and your spouse are treated as U.S. residents for the entire year for income tax purposes. 
• You and your spouse are taxed on worldwide income. 
•  You and your spouse must file a joint return for the year of the choice. 
• Neither you nor your spouse can make this choice for any later tax year, even if you are separated, divorced, or remarried. The special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you." Page 12 Pub 519

US. Tax Guide for Aliens