Hi,

I have a question for 2008 tax. I am a resident alien for tax purpose from 2006. My husband works out of US (he got the SSN when he stayed as F-1 in US) and has no US income. I wonder if I can file as status married jointly? I understand that I need to claim his worldwide income. Since his income is less than $85,700, I am thinking that filing as married jointly might be better than filing as married separately (which I did in the past two years before I knew that I might file jointly).

If I can file as status married jointly, which forms do I fill? By reading other posts, I understand that I may file Form 2555 to exclude foreign income up to $85,700. But I am confused by From 1116. So I am posting this question for any advice on the forms to fill if I can file jointly.

I would greatly appreciate any light you can shed on this matter.

Elysee

Yes, you can file joint return. You must both declare your worldwide income.
If you paid taxes in the foreign country, you will claim credit for taxes paid in the foreign country by filing Form 1116 or can file form 2555 Foreign Earned Income Exclusion.. Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

In order to file Form 2555, your husband must be a U.S. citizen or resident alien for the ENTIRE period of the exclusion.

In other words, he must have been a resident alien before he left the U.S.

Based on your posting, he was a non-resident alien when he departed the U.S. so he is NOT eligible to file Form 2555.

As for preparing the Form 1116, follow the instructions carefully. If you find the instructions confusing, then you are in "over your head" and should get professional tax help.