Hi

I moved from F1 to H1 this Oct 2008. I got married on Nov 19th and my wife came to USA on Dec 7th. I was wondering if I can file the tax as "Status - married and filling jointly".

Or shall I wait for 183 days( from Dec 7 + 183 = 12th June) to file my tax, so that I can file jointly and get the 10000 deductions.

Or can I file for tax return now and get the deduction of 10000.


Thanks
Abhishek

You can file joint return as residents only when you (not your spouse) completes SPT in 2009. It is not required that you wife came to the U.S. or not.

You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008. 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. Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)