Hello tax experts,

Thank you in advance for your time and help with answering these questions. You are great.

I am in the following situation now and confused about filing 2010 tax.

My Status situation:

1. I am in F1-OPT since Feb 2009 (now in OPT-extension).
2. I am Resident Alien for Tax Purposes from Jan 2011(been in US since Sep 2005).
3. I work and live in Ohio.
4. Husband is a full-time F1 student attending school in Indiana.
5. Husband has research assistantship.
6. Husband is non-resident alien for tax purpose.

Here I have two questions:
1. Can we file married jointly using e-file for 2010 federal tax return? But the confusion is I am treated as resident alien for tax purpose, while my husband is non-resident alien.
2, If we can file jointly for the federal tax return, we may have to file jointly for the state tax return, but we live in different states, can we still file jointly in this situation?

Thank you for your help!

1) Yes, you CAN file jointly, but you CANNOT efil, because you both must sign a statement that your husband is a non-resident spouse of a resident alien and that he CHOOSES to be treated as a resident alien for all of 2010.

2) Most states require you file jointly if you file jointly on the federal return. You will pay taxes only on income earned within that state.

If you need professional help filing your return, email me at [email protected] or [email protected].