Hello,

Situation:
For 2006, I was single and on an F-1 status from Janaury-June. I got married in July. From July-September, I was on an F-1 status with OPT. From October-December, I was on an H-1 status.
My wife is a grad student in Canada and gets a stipend. She held a visitor's visa in the US on which she visited me in 2006 for about 40 days after getting married.
Both my wife and I are Indians.

Questions:

1. Can I file under "married filing jointly"?
2. Will I have to put my wife's stipend in my tax return? (She is already paying taxes in Canada)
3. What forms do I have to fill? 1040NR/EZ or 1040 EZ?

Thanks.

Quote:

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Originally Posted by muz399

Hello,

Situation:
For 2006, I was single and on an F-1 status from Janaury-June. I got married in July. From July-September, I was on an F-1 status with OPT. From October-December, I was on an H-1 status.
My wife is a grad student in Canada and gets a stipend. She held a visitor's visa in the US on which she visited me in 2006 for about 40 days after getting married.
Both my wife and I are Indians.

Questions:

1. Can I file under "married filing jointly"?
2. Will I have to put my wife's stipend in my tax return? (She is already paying taxes in Canada)
3. What forms do I have to fill? 1040NR/EZ or 1040 EZ?

Thanks.

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If 2006 was your first year on F1 then you are a non-resident and should file a 1040 NR. You cannot file jointly with your spouse.

Quote:

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Originally Posted by taxsearcher

If 2006 was your first year on F1 then you are a non-resident and should file a 1040 NR. You cannot file jointly with your spouse.

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I have been on F1 since 2001.

-muz399

Then you MUST file as a resident alien; the exemption under the F-1 visa expired for you on 31 December 2005.

Your wife can file jointly with you and CHOOSE to be treated as a resident alien for all of 2006. If she does so, she will declare the stipend income on Line #21 and claim a foreign tax credit using form 1116.

You MAY want to get professional tax help to go through all the options. Filing separately may be the better alternative.