Self on H1, spouse on F1

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:

Get free answers from experts in any of our 300+ topics.
Accept money for answers that you provide.
Communicate privately with other members (PM).
See fewer ads.

Sign Up!

Answer this Question

Ask about Taxes

Ask about another Subject

PDA

tutlaa

Mar 3, 2009, 01:52 PM

Hi,

I am on an H1-B visa and have resident alien status and my spouse is on F1 visa. Also, I am in Missouri and and spouse is in Massachusetts.

- Can we file the federal tax jointly using 1040 (not NR) with me claiming my spouse as resident alien?

Thanks.
Naveen

MukatA

Mar 4, 2009, 02:04 AM

Yes, you can file joint return as residents. Once you make this choice, your spouse must start paying FICA taxes on the F1 income.

AtlantaTaxExpert

Apr 28, 2009, 10:34 AM

Not true about paying FICA taxes; see link below:

Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)