This is a follow up question to a previous question I asked here:
https://www.askmehelpdesk.com/taxes/what-residency-status-644217.html

In there 3 choices are given, not listed as one of the choices is filing a joint return now, before waiting for my SPT. Is that something that is possible to do?

If not, then if I file a non-joint non-resident form now, what, if anything, does my wife need to do? (My wife has been in the US since September on a H-4 Visa and has no worldwide income).

Thank you


The previous thread was:
I arrived in the US on a J-1 visa in March of 2011, then in Sept 2011 that changed from a J-1 to a H-1B Visa.
Therefore I have been in the US for more than 183 days in 2011 in total, but have not been here for more than 183 days while on a H-1 visa.
I'm not sure what my status is and what form I should use to file my tax return?

And the three choices given in the response:
1. File nonresident tax return,
2. File dual status tax return after you complete SPT in 2012, or
3. File joint return as residents after you complete SPT in 2012. Your U.S. Tax Return: Substantial Presence Test

(I'm married and my wife has been in the US since Sept 2011 on a H4 visa, she has had no income).

To file joint with your wife, you MUST wait until sometime in May before you can file. The time in the U.S. under the J-1 visa does not count towards the Substantial Presence Test, hence the need to wait.

If you file as a non-resident, your wife is NOT mentioned anywhere on the return UNLESS you are from India. If you ARE from India, your wife can be claimed as a dependent on Form 1040NR.

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