Hi,

I entered US on Sep 16 2007 on a work Visa and my husband entered on Nov 4th on another type of work visa. For tax year 2007, I understand that we should file 1040NR or 1040NR-EZ as Married filing separately as Non-resident aliens.

1. Since we satisfy 1040NR-EZ itself, each of us intend to file the same. Is it fine?

2. The 1099-INT is not taxable for non-resident; so I don't have to declare it in 1040NR-EZ.

3. I guess the Social Security Taxes and Medicare Taxes that are withheld on wages are not refundable. So we don't have to file Form 843. Am I right?

4. I live in NJ and work in NY. My W2 states NY income only. I have no income in NJ. Is it enough if I file IT-203 (non-resident form) for NY alone? Is there anything that I have to file in NJ because I have been living in NJ since Sept, 2007?

Your income is subject to FICA taxes and you won't get it back.
You have filing choices:
1. File nonresident tax return. You will only get exemption of $3,400. You can deduct moving expenses on form 3901 and itemized deductions (included state taxes paid). Normally you should choose this only when all your deductions are equal to or more than your total income.

2. You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,700 and exemptions for both of yous. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit.
You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return. You can also deduct moving expenses. Use form 3903.

You can contact AtlantaTaxExpert to do your tax return: [email protected].

Thanks for your reply.
Is it enough if I file NY state return alone?

You need to file BOTH NY and NJ returns, though you will NOT owe any taxes to NJ.