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-   -   Self on H1, spouse on F1 (https://www.askmehelpdesk.com/showthread.php?t=324531)

  • Mar 3, 2009, 02:52 PM
    tutlaa
    Self on H1, spouse on F1
    Hi,

    I am on an H1-B visa and have resident alien status and my spouse is on F1 visa. Also, I am in Missouri and spouse is in Massachusetts.

    - Can we file the federal tax jointly using 1040 (not NR) with me claiming my spouse as resident alien?

    Thanks.
    Naveen
  • Mar 4, 2009, 03:04 AM
    MukatA

    Yes, you can file joint return as residents. Once you make this choice, your spouse must start paying FICA taxes on the F1 income.
  • Apr 28, 2009, 10:34 AM
    AtlantaTaxExpert
    Not true about paying FICA taxes; see link below:

    Nonresident Spouse Treated as a Resident

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