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    muz399's Avatar
    muz399 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 25, 2007, 06:01 PM
    F1/H1 with spouse studying in Canada
    Hello,

    Situation:
    For 2006, I was single and on an F-1 status from Janaury-June. I got married in July. From July-September, I was on an F-1 status with OPT. From October-December, I was on an H-1 status.
    My wife is a grad student in Canada and gets a stipend. She held a visitor's visa in the US on which she visited me in 2006 for about 40 days after getting married.
    Both my wife and I are Indians.

    Questions:

    1. Can I file under "married filing jointly"?
    2. Will I have to put my wife's stipend in my tax return? (She is already paying taxes in Canada)
    3. What forms do I have to fill? 1040NR/EZ or 1040 EZ?

    Thanks.
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #2

    Mar 25, 2007, 06:56 PM
    Quote Originally Posted by muz399
    Hello,

    Situation:
    For 2006, I was single and on an F-1 status from Janaury-June. I got married in July. From July-September, I was on an F-1 status with OPT. From October-December, I was on an H-1 status.
    My wife is a grad student in Canada and gets a stipend. She held a visitor's visa in the US on which she visited me in 2006 for about 40 days after getting married.
    Both my wife and I are Indians.

    Questions:

    1. Can I file under "married filing jointly"?
    2. Will I have to put my wife's stipend in my tax return? (She is already paying taxes in Canada)
    3. What forms do I have to fill? 1040NR/EZ or 1040 EZ?

    Thanks.
    If 2006 was your first year on F1 then you are a non-resident and should file a 1040 NR. You cannot file jointly with your spouse.
    muz399's Avatar
    muz399 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 25, 2007, 09:30 PM
    Quote Originally Posted by taxsearcher
    If 2006 was your first year on F1 then you are a non-resident and should file a 1040 NR. You cannot file jointly with your spouse.
    I have been on F1 since 2001.

    -muz399
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 29, 2007, 11:29 AM
    Then you MUST file as a resident alien; the exemption under the F-1 visa expired for you on 31 December 2005.

    Your wife can file jointly with you and CHOOSE to be treated as a resident alien for all of 2006. If she does so, she will declare the stipend income on Line #21 and claim a foreign tax credit using form 1116.

    You MAY want to get professional tax help to go through all the options. Filing separately may be the better alternative.
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