Hello,

I was wondering if anyone could help me with a question I have regarding my tax status.

1) My spouse and I are both Canadian citizens.
2) From October 2000 until July 2005, I wa working on an H1-B visa and filed the appropriate tax forms (joint 1040EZ)
3) Since Aug 2005 I have quit my H1-B job and have started my graduate degree on a F-1 student visa.
4) Also since Aug 2005, my spouse has been working on a H1-B visa.
5) My spouse's company has applied for a green card for my spouse and I am subsequently a dependent on that application.

My questions are:
What is my residency status re: tax purposes?
Can I continue to claim to be a resident for tax purposes and file a joint 1040EZ?
Do I have to file Form 8843 if a file 1040EZ?
One of the questions on Form 8843 aks "did you take any affirmative steps to become a lawful permanent resident". How do I answer this question considering that the green card application is not in my name?


Thanks!
Hyloran

Quote:

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Originally Posted by hyloran

Hello,

I was wondering if anyone could help me with a question I have regarding my tax status.

1) My spouse and I are both Canadian citizens.
2) From October 2000 until July 2005, I wa working on an H1-B visa and filed the appropriate tax forms (joint 1040EZ)
3) Since Aug 2005 I have quit my H1-B job and have started my graduate degree on a F-1 student visa.
4) Also since Aug 2005, my spouse has been working on a H1-B visa.
5) My spouse's company has applied for a green card for my spouse and I am subsequently a dependent on that application.

My questions are:
What is my residency status re: tax purposes?
Can I continue to claim to be a resident for tax purposes and file a joint 1040EZ?
Do I have to file Form 8843 if a file 1040EZ?
One of the questions on Form 8843 aks "did you take any affirmative steps to become a lawful permanent resident". How do I answer this question considering that the green card application is not in my name?


Thanks !!
Hyloran

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I was wondering if anyone could help me out on this?

Cheers!
Hyloran

Hyloran:

Patience! It IS tax season, after all!

Yes, you can continue to file as a resident alien.

If you file as a reisdent alien, you need NOT file Form 8843.

The last question is moot because you are NOT filing the Form 8843.