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Pkumar12
Jan 29, 2009, 09:13 AM
Hello,

I've couple of questions to you experts.
I've worked in US on L1-B Visa for the entire year of 2006 and 2007 and stayed up to march 26th 2008. I was here again on 14th Dec 2008 on L1B again for work and likely to stay here until july 2009.

Q1) Filing taxes for the year 2008, Am i a resident alien or non-resident alien ?

I am married as of 31-dec-2008 and my wife stays with me in US from 14-dec-2008 on L2 dependent visa.

Q2 ) Should i file married filing jointly or married filing separately ? If married jointly, what are the things to be taken care of?

Thanks.
MukatA
Jan 29, 2009, 12:05 PM
You are resident for 2008. You count 1/6 days of 2006 plus 1/3 days of 2007 and days in 2008. You can file joint return as residents. You will attach W7 (ITIN application) for your spouse. Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)