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amitstu
Apr 13, 2007, 10:37 AM
Hi,
I've been on a H1-B status since 2003. I married in 2006 and my wife was on an F-1 visa in 2006. Can we file a joint return? Does she need to send form 8843? Her income in 2003 was less than the standard exemption.
Thanks!

AtlantaTaxExpert
Apr 20, 2007, 09:24 AM
Yes, you CAN file jointly and she must choose to be treated as a resident alien for ALL of 2006.

In doing so, she becomes a resident alien for tax purposes in 2007, and must pay Social Security and Medicare taxes retroactive to 1 January 2007, even though she is still on a F-1 visa.

Something to thing about!