Hi Everyone,

I hope some of you who's had similar experiences can help me:

My wife worked for 6 months under OPT before she married me in September of last year, we filed for her permanent residency in late September and she was laid off about the same time. My questions is does the fact that all of her 2008 income was earned under OPT matter? I read from somewhere that if you are filing for permanent residency you must file your taxes as a resident alien even though the USCIS did not hold our first interview until the end of January this year.

Thanks in advance to all you experts out there.

What is your resident status in the U.S.

Oh sorry, I'm a US citizen

You should file jointly with your wife and she chooses to be treated as a resident alien for all of 2008. That is most likely the BEST way for you both to file tax-wise.