1. I came to US in 2007 on F1 visa. I am on the same visa even now.
2. My husband came to US in 2006 on F1 visa. He changed to H1B in 2008 oct. He again changed to F1 visa for his PhD in 2010 August. He paid SSN and medicare when he was on H1B (even in 2010 Jan-Aug)
3. Now, we both are in F1 status getting income from school
4. So, can we file jointly as resident alien or should we file seprately as married non-resident alien?
5. If we canot file jointly taxes for 2010, when can we start filing jointly as resident aliens?

By the way, I am from India

Which return did you file in 2009?

I filed 1040 nr ez. My husband filed 1040. We are married in dec 2010.

Yes, you can file joint return as residents.

Thank You.