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midak · Feb 15, 2007, 02:16 PM

Hi,
I am from India, I entered US in October 17th 2006 with H1 visa. This is my first entry to US.
Would like to know (for tax return) whether I am Non Resident alien or Resident alien.
Which form I need to use 1040NR or 1040EZ for tax return?

And I am married but wife is not staying with me in US (she is in India). In this case should I file my tax return as single or married.

Thanks in advance,

AtlantaTaxExpert · Feb 16, 2007, 10:40 AM

You CAN file jointly with your wife and you BOTH can choose to be treated as resident aliens. This will allow you to claim the $10,300 double Standard Deduction plus yours and your wife's personal exemption ($3,300 X 2), for total exemptions of $16,900. However, you will have to wait until late May, 2007 to file, because you have not yet the 183-day Substantial Presence Test.

However, in doing so, you make ALL of your world-wide income for BOTH of you subject to U.S. taxes. This must be considered before making this choice.

Otherwise, you will file as a non-resident alien (Form 1040NR-EZ), claiming ONLY your own personal exemption and whatever itemized deductions for which you qualify.