Hello,
I come from Poland, in September, 15 th. 2006 I came to the USA on J1 visa (scholar), and I have been on it ever since.
Can I fill tax refund for 2008 as a resident alien (1040) or I am rather considered as dual status alien?
Can I fill the taxes jointly with my wife she came with me and has been on J2 visa?
And how about state taxes in California?

Will be very grateful for quick response
Thank you in advance
Piotrek

On J1 your income is exempt from federal income tax up to Sept 14, 2008.

If you file joint return as residents, then you will not get treaty deduction. You can file joint return as residents after you meet SPT in 2009. Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

You must pay CA taxes. If you live in CA, you are resident of CA from the day you enter the U.S. Read: Your U.S. Tax Return: Working or Living in Two or More states (http://taxipay.blogspot.com/2008/06/working-in-two-or-more-states.html)

[QUOTE=MukatA;1653482]On J1 your income is exempt from federal income tax up to Sept 14, 2008.

If you file joint return as residents, then you will not get treaty deduction. You can file joint return as residents after you meet SPT in 2009. Read Your U.S. Tax Return: Substantial Presence Test (http://taxipay.blogspot.com/2008/04/substantial-presence-test.html)

You must pay CA taxes. If you live in CA, you are resident of CA from the day you enter the U.S. Read: Your U.S. Tax Return: Working or Living in Two or More states (http://taxipay.blogspot.com/2008/06/working-in-two-or-more-states.html)[/QUOTE

Thank you very much for your response.
Only one thing:
1) If I meet SPT test in 2009, can I file form 1040 for 2008 as resident alien with standard deduction? Where should I show non- taxable income (befor 14 September)? ]