I came to US for an internship (J1 visa) on July, 2006 and stayed for 6 months (departed on Jan 2007). My internship was funded by my home country government so I did not pay any taxes to US government. However, I got a social security number during my internship.

On Sept. 2007, I came to US as a graduate student on F1 visa and I have graduated on Sept. 2011 and right now working on OPT. My question is: Am I considered to be a resident or non-resident for tax purposes for the year 2011 (the one that I need to file before April 17th)? Which date is considered to be my original date of entry, July 2006 or Sept.2007?

Thanks!!

Your J-1 time counts against your five-year exemption period under the F-1 visa, so your date of entry is July 2006 AND you are considered to be a resident alien for Tax Year 2011.

So you will file a normal tax return (Form 1040/1040A/1040EZ).

Thanks a lot! That was very helpful!!

Glad to help!

I will be filing jointly with my wife! She is not eligible to work in US (F2).When I was nonresident for the past 5 years, I use to fill out form 8843 (Statement for Exempt Individuals and Individuals With a Medical Condition For use by alien individuals only.) for both my wife and I. Do I need to fill that out this year too as a resident alien for Tax Year 2011? OR Form 1040/1040A/1040EZ are the only forms that I need to fill out? I plan to use Turbotax Federal free version!

Also am I considered to be a resident alien for Tax Year 2011 for state taxes too in California? I use to fill out "California Nonresident or Part-Year Resident Income Tax Return 2010" Am I going to fill that one out this year too?

Thanks for all your help!

Since you are both filing as residents for both the federal and the California returns, Form 8843 is NOT required for either of you.

I came to US on J1 on 2006 while I was single. I got married on 2007 Sept. and came to US for graduate school with my wife. So I am a resident alien for tax purposes (completed 5 years) but my wife is not (she got one more year). Can I still file jointly for resident alien status?

Yes, you can file jointly and she eill choose (by signing a statement) to be treated as a resident for all of 2011.

That statement will be in one of the 1040 forms or are we talking about a separate statement?

Thanks a lot for your helpful response!

It is a separate statement that is attached to the tax return.

Also, do I need to prove them that I am a resident alien for tax purposes (came to US on 2006 etc)? Do I need to send them my visa or I20 forms? OR do they have a way to check it electronically?

There is no need to prove you are a resident alien; just file the return.

If the IRS challenges it (HIGHLY UNLIKELY), you can show them your J-1 visa from 2006.

Thanks a lot!

Glad to help!