I need help! Last fall my husband and I were married in the United States. He was here on a J-1 visa and it expired this January so he had to leave the country. His sponsor will file his taxes but how should I do mine? What form and what information of his should I include? Is it necessary to include him because of his visa status or because he's out of the country?

What is your resident status?

Angela:

I assume that you are a U.S. citizen. If so, then you must filed Married Filing Separately if he is filing his own tax return.

You can also file jointly with your husband with him CHOOSING to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116). This may be an issue if your husband has income earned while in his home country.

Even with the downside, this is probably the best way for you to file.