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I am married, wife on F1 visa studying at college. I was an F1 visa but obtained a H1b on November 1, 2006. we both have been in the United States since 1 Feb 2005. How should we file?
You can file as a non-resident alien and claim your wife as a dependent on Form 1040NR...
OR
You can file jointly with your wife and you BOTH choose to be treated as resident aliens for ALL of 2006.
However, by making the joint filing decision, you make your wife liable to pay Social Security and Medicare taxes on any OPT assignment she may get after she graduates from school.