This topic has been heavily discussed, but the concept is still not clear.

I have been on H1 since January 15, 2005 (was on F1/OPT before that). I recieved a pay-check (approx. $1500) in those 14 days on 2005 that I was on F1 status. Since "I pass the substantial presence test for 2005, I am resident alien".. is this status to be considered for the whole year. Does it override the two weeks I was on F1/OPT?
If you are non-resident alien for 2 weeks and you pass the substantial presence test by end of year, are you a resident for the whole year or a dual status alien? Do I file just 1040, or 1040 with 1040NR as statement for the first 2 weeks? What is the difference between filing as a dual status alien and filing as a resident alien (who was NR for 2 weeks)? What do u do differently?

I am an Indian citizen and so is my husband. We got married in August 2005. Question:
My husband (student - F1 status) filed his return (1040NR-EZ) a week ago. Could we have filed together, since I am a resident alien? If yes, can anything be done to cancel the one he filed separately?

Thank you for your help.
regards

AtlantaTaxExpert

OnTheFly:

You are a resident alien, period! You MUST file Form 1040, 1040A or 1040EZ.

Now, can you reverse your husband's decision? Yes; he has to amend his return using Form 1040X, and you then attach a completed Form 1040, 1040A or 1040EZ showing you both filing jointly. You both sign the Form 1040X and both sign the attached 1040/1040A/1040EZ.

However, compute the tax with you filing separately first. You might find that the tax you paid filing separately and him filing as a non-resident alien is the same as filing jointly, or so close that it is not worth the effort to change it.

If this appears a bit complicated, contact me at with your income figures and I will do the comparative analysis for you.

onthefly

Thanks for the promt and clear response.

Are you saying that because I am a resident alien, I do not need to attach 1040NR as statement for the first 2 weeks of 2005 when my visa status was F1?

Is 1040 the only form we need to file?

Do I need to attach 8843 at all (for me or my husband)?

AtlantaTaxExpert

OnTheFly:

That is correct. You need only attach Form 1040 to the Form 1040X.

Be sure to sign both the Form 1040X and the Form 1040.

There is no need to file Form 1040NR or Form 8843.