HI,

My wife has H1b, and this is her third year. I believe she is considered as resident alien, please correct me if I'm wrong.

I'm in student F1 status.

Now we got married in Aug 2008.


Do we need to file separately 1040 for her and 1040NR for me?
Can we file jointly?
If we can file jointly, do we just file 1040 with my wife as primary person and me as a spouse?
Is there any place for me to specify I'm student(f1) or if it is even as issue?

Please advice.

Thanks in advance.

Choice 1: You file nonresident return and Form 8843. Your wife files resident return as married filing separately.

Choice 2: File resident tax return as Married Filing Jointly. On joint return both are equal. You will attach a First Year Choice Statement signed by both of you that... (on H1-B) is resident for 2008 and we both choose to file as residents.

If you make this choice, you must start paying FICA taxes on your F1/OPT income.
Read about F1/H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

Although you don't "need" to file jointly, you may owe less tax if you file jointly.