Hi,
My question is:
I was on H1 all of 2006 in Ohio. Got married in Feb 2006. My wife came to US on H4 in March and was in ohio with me. She started working on H1 in Arizona starting october. So Can we fine joint return for federal? What about state?
Also, if we want to file separate, will she have to file non resident?
Summary:
1. Me: On H1 in Ohio for whole year.
2. Wife: 3.5 months in india, 6.5 months on H4 in Ohio, 3 months on H1 in AZ.

Thanks in advance for your help.

AtlantaTaxExpert

Already answered via Private Message.

Bottom Line: You CAN file jointly with your wife as resident aliens for ALL of 2006. This is the recommended course of action because, if you file separately, your wie would have to file the very complicated dual-status tax return.

niel2k

Thanks a lot AtlantaTaxExpert. I think I will take your advise and file jointly. Hence this follow up question:
I know how to file federal return. But what about the state returns. I earned in Ohio while she was in AZ 3 months when she earned.
Thanks again for your prompt response.

AtlantaTaxExpert

I would file jointly in both states. State tax laws generally allow married couples to file jointly even if only one spouse is in the state.