Hi,

I have been in US on F1 visa for 6 years now, and as I understand from the rules, for tax purposes I am a resident, and I can file resident tax 1040 NR. My question is my wife came to US in 2008 only , and is in F1 since last year. So, when I file her tax, should we do it as resident tax filing (as mine), or would hers be non-resident tax filing?

Also, I have seen that we can get more if we file jointly. In such a case, how can I do it? Mine as resident and hers as non-resident?

Thanks,

Sandeep

Even for 2008 you can file joint return as residents.
For 2009 you can file joint return as residents. In future, she will pay FICA taxes on her F-1/OPT income.

Hello MukatA,

Thank you very much for the advise!

Sandeep