Background:
I have been in the USA on F-1 Visa since August 2000. I was on OPT from January 1, 2007 to September 30, 2007. My H-1B Visa came into effect from October 1, 2007. My spouse has been in the USA, always on F-1 Visa, since August 2004.

Questions:
(1) Can I file my Federal Tax Returns using Form 1040 as Married, Filing Jointly (in which case, my spouse (on F-1 Visa) also files the returns in the same form)?
(2) I got one paycheck from NY in 2007 (and all my other paychecks in 2007 have been from NJ). My spouse got one paycheck from NY in 2007. There was no income for my spouse from then on. We are staying together in North Carolina since July 2007 (though I get paid by my company in NJ). Which state taxes will we have to file?

Thanks very much.

You have been a resident alien since 1 January 2005. The exemption allowed under the F-1 visa expired on 31 December 2004.

1) Yes, you can file jointly with your wife, you as a resident alien, she as the non-resident alien spouse of a resident alien.

3) You will need to file tax returns for NC, NY and NJ if money was withheld for each of these states. Now, whether you owe TAXS to each state is unclear. DID you actually WORK in these states or not?

Dear Atlanta Tax Expert,

Thanks a lot for your answer. The points helped me a lot, as did your answers to many of the other questions that you answered in here. It is great to have someone like you in this website.

Following up on your question: I worked in NC on a contract basis, but was on the payroll of my consulting company that is headquartered in NJ. I was travelling back and forth (NC-NJ-NC) for the most part of the year. I was working in NJ before my contract job in NC. I rented an apartment in NC, and I had a shared apartment in NJ. So, my NJ address was on my paychecks and on my W2. We had taxes withheld in NY for the first paychecks, while we were in NY. I had taxes withheld in NJ for the rest of the paychecks --- no taxes were withheld in NC.

It will be great if you let me know whether your earlier suggestions change in any way, with this information.

Thanks a lot.

Looks like everything went well... I am in the same shoes where you were a year ago. Can you please suggest how it went for you that time. My wife is in F1B(Just got married) and I have been working in H1B since past few year.

How will the tax filing will be?

Help Appreciated.


Alix