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-   -   Husband on H1 & Wife on OPT to H1 (https://www.askmehelpdesk.com/showthread.php?t=330519)

  • Mar 17, 2009, 03:44 PM
    NIR227
    Husband on H1 & Wife on OPT to H1
    Hi,

    Currently, I am on H1 and got married in 2008. My wife was on OPT from Jan 08 to Sep 08 and then changed her status to H1 from Oct 08. It will be the first tax return together :), so please help!!!

    1) Which is better / simpler - filing jointly or separately?
    2) If separately, which form should I use for my wife (1040NR - ?)
    3) We are from India - what kind of exemption will my wife get based on US-India treaty?
    4) Will it simpler to file electronically or via paper?

    Thank you!
  • Mar 18, 2009, 02:07 AM
    MukatA

    How did you file your 2007 tax returns?
  • Mar 18, 2009, 02:25 PM
    NIR227

    In 2007, I filed form 1040A
  • Mar 19, 2009, 09:09 AM
    MukatA
    Quote:

    Originally Posted by NIR227 View Post
    Hi,

    Currently, I am on H1 and got married in 2008. My wife was on OPT from Jan 08 to Sep 08 and then changed her status to H1 from Oct 08. It will be the first tax return together :), so please help!!!

    1) Which is better / simpler - filing jointly or separately?
    2) If separately, which form should I use for my wife (1040NR - ?)
    3) We are from India - what kind of exemption will my wife get based on US-India treaty?
    4) Will it simpler to file electronically or via paper?

    Thank you!

    1. Work out both ways and then decide.
    2. yes, nonresident tax return and you will file resident return as married filing separately.
    3. Yes, if she files nonresident tax return.
    4. You can efile. Your wife must file paper return.

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