Does a resident with a H-1b visa (been in U.S. since 2005) have to make an election to file a joint return with his H-4 visa spouse who came to the USA in July of 2007?

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Originally Posted by klu

Does a resident with a H-1b visa (been in U.S. since 2005) have to make an election to file a joint return with his H-4 visa spouse who came to the USA in July of 2007?

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You don't have to file a joint return - file married but filing separately. (Does the spouse have US income?)

Is that your question?