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w9q
Apr 8, 2009, 03:00 PM
I am a resident alien of the U.S. by the substantial presence test. I fill federal Form 1040.
My spouse is a not resident alien filling form 1040NR-EZ separately.

1. Can I claim standard deduction on my Form 1040 while my spouse claims itemized deduction (state taxes) on her 1040NR-EZ?

MukatA
Apr 8, 2009, 03:29 PM
If you are a resident of the U.S. then you can file joint return as residents even when your spouse has never been to the U.S. or is nonresident. Read Your U.S. Tax Return: Filing Status for Married (http://taxipay.blogspot.com/2008/02/filing-status-for-married.html)

Or you can file separate return as resident and your spouse can file as nonresident. Yes, you can claim standard deduction.