Hi,

I came to USA as F2 visa in April of 2006. Then I found a job and changed to H1b visa in September of 2006. I read the pub. 519. It seems I can claim first year chioce and file 1040 as resident alien for the part of year 2006. My husband is F1 student, who has W-2 from school. Could we file 1040 jointly?

I asked HR block. They don't know nonresident tax return. So I am expecting your reply.

Thanks

jl529

You can file jointly with your husband and you BOTH choose to be treated as resident aliens for ALL of 2006.

However, in doing so, your husband will be considered a resident alien from here on, and WILL be liable for Medicare and Social Security taxes if he should get employment while on CPT or OPT.