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-   -   Tax return - married filing jointly? (https://www.askmehelpdesk.com/showthread.php?t=319021)

  • Feb 18, 2009, 01:26 PM
    TG 2009
    Tax return - married filing jointly?
    Hi,

    Me and my husband entered US on 2 separate J-1 visas. I am not a dependent on my husband's visa. Presently we are in the same institution. We are also living in the same home. Is it possible to file tax returns as married filing jointly or do we have to file as married but filing separately?

    Thanks
  • Feb 18, 2009, 11:51 PM
    MukatA

    If any one of your is resident, then you can file joint return as residents.
  • Apr 15, 2009, 03:01 PM
    AtlantaTaxExpert
    To be a bit more concise, since you are both non-resident aliens on a J-1 visa, you must each file a non-resident tax return (Form 1040NR or 1040NR-EZ plus FOrm 8843).

    Filing a joint return is NOT an option until one or both of your qualify to be treated as a resident alien for tax purposes, probably starting in the THIRD calendar year of your J-1 visa tour.

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