Hi,
As suggested, I waited for 5 months & I am passing the Substantial Presence Test by Aug 15 2009.
Can you please clarify on how to apply for tax return as married filing jointly. Can I do that directly in turbo tax after AUG 15.
Is there any other paper work or remarks to be added as we have applied for extension?

Please clarify the application process.

Thank you so much

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Please refer my previous thread and answer below.

Hi,

Please clarify my queries.

Below are my Visa statuses:

Aug 2005- Aug 2008 ( Student F1 & OPT)

OCT 2008- H1B ( I lived 76 days in US between OCT& Dec 2008 in H1B status)

1)I got married in 19 OCT 2008 & came back to USA after vacation on OCT 26 2008. My wife who is in H4, reached US in 14 dec 2008.Haven't applied for ITIN yet.

I hope I don't qualify for the substantial presence test in 2008 & hence non resident. Which form should in file in that case?

2)I heard from my friends that I can apply as resident 1040EZ Married filing jointly, if I could apply for tax return extension till OCT 15 2009.

I would be passing the substantial presence test for 2009 if extension applied, but how does this affect my residency status for the tax return of 2008?

Is my understanding correct & legally fine?

Please clarify. I am confused completely.

Ans : 2: You can file resident tax return as Married Filing Jointly.
You will have to wait for 5 months to file your tax return till you meet the Substantial Presence Test in 2009.

Redundant question; already answered.