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Can I Jointly file tax return with spouse (resident alien & non resident alien)

Asked Apr 10, 2009, 01:21 PM — 1 Answer
I am in H1B worked in two different states in 2008

01Jan08 - 25Feb08 - Texas
05May08 - 13Aug08 - Texas
14Aug08 - 31Dec08- Illinois
Note: march-April in India

Spouse moved to US on 24 Oct 2008 in H1B got SSN in nov and doesn't have W2 for 2008

1. As per substantial presence test myself will be "Resident Alien" and my spouse in "non resident alien" am I right?
3. If both of us or in two different categories (resident & non resident aliens) can we still file tax return jointly. Also considering his W2 scenario

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MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#2

Apr 10, 2009, 07:10 PM


Yes, you can file joint return as residents. Attach W7 (ITIN application) with your tax return.
You will report income from 14 Aug 08 to 31 Dec 08 to IL as part year resident.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
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