I am on H1 and have been in US for more than 6 years. So, I am a resident for the tax purposes. I got married this yr and my wife is with me in US on H4 visa. She is planning to join the school next year but surely don't have any income for the yr 2008.

I am still single on my W2 with 2 allowances and probably over paying the IRS. So, I will be entitled to some kind of refund. But what would be the best way to get the maximum refund?

1. If I show my wife as a dependent on me, or

2. If I file my taxes jointly with my wife (by the time she may get her SSN).

Please help me understand my option here..

You can file joint return as residents. If your wife does not have SSN, you will attach W7 (ITIN application) with your tax return.

More than likely, filing jointly is the best course of action.

If your wife reverts to a F-1 student visa, she will still be exempt from FICA taxes under the F-1 visa, even though she is filing jointly with you. See link below:

Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)

More than likely, filing jointly is the best course of action.

If your wife reverts to a F-1 student visa, she will still be exempt from FICA taxes under the F-1 visa, even though she is filing jointly with you. See link below:

Nonresident Spouse Treated as a Resident (http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html)

Thanks for the replies. My wife has applied for the change of status. In case she get the F1, she will join the school in Jan 2009. I understand she will not pay FICA, medicare, social security taxes. But as she will be on H4 for the yr 2008, I think I should file it jointly for the yr 2008. Is it correct?

Also, even if she gets F1 for the yr 2009, should we file joint taxes for the yr 2009 in 2010?

Please help me understand scenarios under my circumstances.

Yes, file jointly for BOTH 2008 and 2009.