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abby_1309 · Mar 25, 2009, 01:36 PM

Hi
I am on Student Visa f-1 Currently.I came in aug 06.I get married in 2006 Sept.Me and my wife file the 2007 tax return jointly I was not aware that I have to submitt an affidavit to file Tax Jointly.This Year I come to know about that so I will file an affidavit with my return.No I have some question?
1) Do I need to worry about the last year tax Return.Is there any problem in that?because I did'nt submitted the affidavit last year and filed Joint Tax return Form 1040EZ?
2)For this year My employer had given me a 5000$ tax exempt and 12000$ w2.So I oveall earned 17000$.Now I have to pay tax on 12000$ or 17000$.

Thanks in advance for your help

MukatA · Mar 25, 2009, 01:43 PM

If you filed 2007 tax return as joint return, then you can file 2008 as joint return. You do not need to submit any affidavit with your 2008tax return.

1. For 2007 return, you do not need to submit any affidavit or statement now.
2. What do you mean that employer gave you $5000 tax exempt? Why did you get the income and how was that reported?

abby_1309 · Mar 25, 2009, 01:59 PM

Originally Posted by MukatA

If you filed 2007 tax return as joint return, then you can file 2008 as joint return. You do not need to submit any affidavit with your 2008tax return.

1. For 2007 return, you do not need to submit any affidavit or statement now.
2. What do you mean that employer gave you $5000 tax exempt? Why did you get the income and how was that reported?

The Employer had Given me a Form on the First week of 2008 because I am From Pakistan which have tax treaty for 5000$ for students.as I was on F-1 I filled the Form and for first 5000$ they did'nt took any Tax,and after that the start withhelding Tax.Now my Employer had given me a 5000$ 1042-s and 12000 w-2.there is no tax with held on 5000$ and 1158 $ tax on w-2 with held.. u got what I said?

MukatA · Mar 25, 2009, 07:56 PM

Yes, you will report $5000 as income on the resident tax return.

~Edo~ · Mar 9, 2010, 10:27 AM

Originally Posted by MukatA

Yes, you will report $5000 as income on the resident tax return.

Hi, I'm currently in my 4th year under my F-1 visa and I married to a US citizen in 2009. We want to file our tax jointly for 2009 so I'll be treated as a residential alien. However, my W-2 only shows my income after the $5000 tax treaty and I also have a 1042-S form for 2009. Should I just add $5000 to my W-2 wages, tips, other comp. when I'm doing the tax return?

Thank you!

AtlantaTaxExpert · Apr 29, 2010, 10:31 AM

Redundant question; already answered.

bhargav987 · Feb 4, 2012, 10:01 PM

Hi abby_1309,

I am also an green card holder and married to girl on F1 visa.
How can I file joint tax? Can you please advice me?

Thanks.

AtlantaTaxExpert · Feb 5, 2012, 09:21 AM

Yes, you CAN file a joint return. Your wife needs to sign a statement that she CHOOSES to be treated as a resident alien for all of 2011.

I handle these kind of returns routinely. If you want my professional help, double-click on my title above and then scroll down to my profile/signature, where you will find my email address and websites.