Hello there,

I have a similar question regarding joint filling tax. I've read some of the posts here and I would like to get more information.
I am on H-1B and have been filling with 1040EZ as I satisfy the residential test. I got married in december 2007 and my wife came on January 2008 on H-4. Based on marriage date, I can fill jointly, isn't? How about based on the date of her arrival? I run a residency test on her as she was an F-1 student, got an OPT but had to leave in 2006 (Thus, she already has SSN). The result is she is non-resident. On one post I read that as long I am considered as resident my wife will be too if we file jointly and the physical presence is irrelevant for tax purposes. Is this true?
If we can file jointly, is there any paperwork regarding our marriage to attach with our form? like copy of marriage certificate We are planning to use Turbo Tax.

Thank you so much for sharing your expert on this. I'm looking forward to hear back.

MukatA

If you are resident then you can file joint return as residents even if your spouse is nonresident. You don't need to attach any marriage certificate.

IntlTax

Based on marriage date, I can fill jointly, isn't? ---- Yes, based on your marriage date you can file jointly.

How about based on the date of her arrival? I run a residency test on her as she was an F-1 student, got an OPT but had to leave in 2006 (Thus, she already has SSN). The result is she is non-resident. ---- She will be treated as a resident of the U.S. for the entire 2007 year if you make the election to file jointly.

On one post I read that as long I am considered as resident my wife will be too if we file jointly and the physical presence is irrelevant for tax purposes. Is this true? ---- Yes.

If we can file jointly, is there any paperwork regarding our marriage to attach with our form? ---- You do not need to attach anything to prove that you are married. However, you do need to make a section 6013(g) election to file jointly that will need to be attached to your tax return.