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View Full Version : NON Resident Alien Tax filing - Married


vishalbhambure
Mar 10, 2011, 12:15 AM
Hi

I was there in US for 159 days during 2010 & 0 days during 2009 & 41 days during 2008.

For 2008 I got my refund under 1040NR & I was single at that time. Now in 2010 my status on W2 is married. My wife was there in US on H4 for a week or so.. she doesn't have ITIN or SSN...

My question is will I be consider as Non Resident or Resident Alien...

MukatA
Mar 10, 2011, 01:19 AM
You have two choices.
Choice 1: You did not complete SPT in 2010, you can file non-resident tax return. You can also deduct moving expenses for the family. Use Form 3903.
Choice 2: You can file resident tax return as Married Filing Jointly. You must wait to file your tax return till you meet the Substantial Presence Test in 2011.

vishalbhambure
Mar 10, 2011, 08:50 AM
Thanks Mukta... but I left US on 11 dec 2010... But one of the tax filing agent told me that sice you were in US on H1b & you were working here for 159 days you are resident alien (not sure under which cluase he is considering me so)... for my wife he is going to file ITIN...