Hello,

I am on H1B visa and I came to US first time on Jan 3rd 2008. I have never been to US before. My wife is on F1 visa and she came to US on Aug 14th 2007.

Time when I stayed in US - Jan 3rd 2008 till Feb 26th 2009
Time when my wife stayed in US - Aug 14th 2007 - Dec 10th 2007
Jan 11th 2008 - Feb 26th 2009

When I contacted IRS they told me that I am a resident alien and my wife is an non resident alien but she can file jointly with me as a resident alien.

She is a student and there is no SSN tax and Medi care tax withheld in her W2 by her employer. Now I want to know if we file jointly whether she will have to pay all that SSN and Medi Care tax.

Also neither me nor my wife has got recovery rebate last year. In this case when we are filing jointly, whether we will be eligible for recovery rebate credit.

Please let me know as I am really confused what should I do in this case?

You can file resident tax return as Married Filing Jointly.

You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008.

You will complete forms W7 (application for ITIN) for your spouse and children and attach with your tax return.

You can also deduct moving expenses. Use form 3903.
Your return is complicated. You should get professional help to do your tax return. Contact AtlantaTaxExpert.

Thanks for the details. It really helped.