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stannyboy
Feb 21, 2008, 02:59 PM
Hello,
My wife has been in the US since 2002 on an F1 visa. We married last fall. We are in the process of getting her a green card (applied in Jan). Is she a resident or a nonresident? If she is a resident, we can file taxes together I believe (Married filing jointly).

She meets the SPT in terms of days here, and has been here for 5+ years. She has applied to change status to permanent resident. Does that affect things? The IRS site is quite confusing!

Thanks!

AtlantaTaxExpert
Mar 7, 2008, 12:28 PM
She is a resident alien; her F-1 exemption expired on 31 December 2006.

Yes, you can file Married Filing Jointly with no delay.

stannyboy
Mar 7, 2008, 12:32 PM
Thanks!