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-   -   Married Filing Jointly: H1B/F1 and wife on F2 (https://www.askmehelpdesk.com/showthread.php?t=338215)

  • Apr 5, 2009, 03:21 PM
    jonshu3000
    Married Filing Jointly: H1B/F1 and wife on F2
    Hi

    My situation:
    Israeli Citizen, have an SSN since August 2002.
    Aug 2002 - June 2006: F1 (including 10 months of OPT)
    June 2006 - July 2008: H1B
    August 2008-present: F1

    I got married in August 2008. My wife is also an Israeli citizen and is now on an F2 visa (no previous residence in the US). She has no SSN or ITIN. She does not work and had no income in 2008.

    I want to file a joint married tax return for 2008. Not sure how to do it, lots of conflicting views in the forums.

    Questions:
    1. My current understanding is that I can file jointly since I meet SPT standards and therefore should include form w7 (for my wife to get an ITIN) with my tax return. Is that correct?
    1b. Are there any additional documents we need to provide (e.g. marriage certificate)
    2. If 1 is incorrect, is there another way for me to file married living jointly?
    3. Alternatively, can I claim her as a dependent or be head of household?

    Thanks a lot for your help.
  • Apr 6, 2009, 09:27 AM
    MukatA

    Now on F1, you are not exempt from residency. For 2008 you are resident and can file joint return as residents. So (1) is correct. Read about F1/H1-B tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html

    You are not head of household.

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