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    Aspirant's Avatar
    Aspirant Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 10, 2009, 01:21 PM
    Can I Jointly file tax return with spouse (resident alien & non resident alien)
    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
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    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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