Hi,

I was on F1 from Jan 2006 - March 2006, then OPT from March 2006 - Sep 2006. Started working on OPT in Apr 2006 and got my H1 from Oct 2006.

I got married in Dec 2006, but my wife joined me in USA on Jan 2007 from India. She had her H1 stamped in India in Nov 2006, and her I94 is dated in Jan 2007.

Reading different QA on this forum, I figured that I can opt for first year choice to file as a Resident Alien. Am I right? If yes, can I file as married filing jointly even though my wife was not present in USA in 2006?

If I can't file married jointly, then the choice is Married filing separately, in this case should I opt for First year choice or Dual Status?

Thanks in advance, would really appreciate your help.
Parin

Parin:

You are correct; you CAN file jointly; your wife's physical location in 2006 is irrelevant.