Hi,

I have been on H1B status since October 1 2007. I was on F1 OPT status from October 16 2006 to September 30 2007 and on F1 student status for 6 years before that.

I got married in November 2007 and my wife came to US on H4 status on December 1 2007. My wife has previously visited US for a month in Jan 2006. She does not have a ITIN and does not qualify for a SSN.

H&R block is saying that I cannot file married jointly because my wife has not spent 183 days in the US after marriage.

Another tax consultant is saying that I can file married/jointly.

There is a big difference, I go from owing $2300 to getting a refund of $3800. What should I do?

If I file an extension, then my wife would have surely satisfied the 183 day test by October. But the rule says that I have to send a check for back taxes. What does this mean? Does it mean if I owed taxes on April 15 (because my status will married/separately) I still owe on October?

I would really appreciate any advice on this since I am totally confused.

Thanks
Swami

Yes, you can file joint return as residents. But you must wait to file your return after you meet SPT in 2008. You will get standard deduction of $10,700 and exemptions for both of you.
You will also attach First year choice statement.