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View Full Version : Self on H1, spouse on F1


tutlaa
Mar 3, 2009, 02:52 PM
Hi,

I am on an H1-B visa and have resident alien status and my spouse is on F1 visa. Also, I am in Missouri and spouse is in Massachusetts.

- Can we file the federal tax jointly using 1040 (not NR) with me claiming my spouse as resident alien?

Thanks.
Naveen

MukatA
Mar 4, 2009, 03:04 AM
Yes, you can file joint return as residents. Once you make this choice, your spouse must start paying FICA taxes on the F1 income.

AtlantaTaxExpert
Apr 28, 2009, 10:34 AM
Not true about paying FICA taxes; see link below:

Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)