I was on H1B visa in 2007, previously was on F1 visa from 2002-2006. My wife and I got married in Dec 2007 in China. She came to the US on H4 visa in Jan 2008. She was not physically in the US in 2007. Can we file jointly for 2007? Thanks for you help! -Jun

I think you can apply for a joint one.


But you can ask someone who is into this, or some official. I hope they will assist you properly.

You are a resident alien for 2007. You CAN file jointly with your wife.

Thanks for your reply! Just want to make it clear, I was on F1 from 2002 to Sep 2007, then switched to H1B in Oct 2007. Because 2007 was my 6th year in the US, I should be not exempt form residency even I was still on F1 between Jan 2007 to Sep 2007. Based on my understanding those days count in the substantial presence test, and I will pass the test. Am I right? Thanks again!

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Originally Posted by AtlantaTaxExpert

You are a resident alien for 2007. You CAN file jointly with your wife.

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Right!