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    sailing_through's Avatar
    sailing_through Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 16, 2009, 02:13 PM
    Trying to understand "First Year Choice"
    Me : - On H1 since Aug-2007. Been in US since Aug-2007. Pass the SPT for 2008. Got married in 2008. Wife joined me in Apr 2008 on H4. So we both pass the SPT for 2008.

    On our return, we are filing as 'married filing jointly'. And I am attaching a W-7 to get an ITIN for my wife.

    Is 'First year Choice' something I should be concerned about, and do we need to attach a
    Declaration to claim this choice?

    Many Thanks.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 17, 2009, 01:34 AM

    You do not need the statement as both of you are residents for 2008.

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