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    positive4ever's Avatar
    positive4ever Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 14, 2009, 06:44 AM
    f1 opt h1b (and got married under J-1 with diplomat)
    Hi

    My status:
    - F1 from Aug 2007 - Sept 2008
    - F1 OPT from Sept 2008 to October 2009
    - H1B from October to Dec 2009
    - married to diplomat working in the US in June 2009

    I think that I will need to file as non-resident and can claim exemptions (Belgian treaty) (according to what's been posted on the forum). However, since my wife is exempt of income taxes under her diplomat status, would it be better to file jointly or separately?

    Thanks
    Greg
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 16, 2009, 12:44 PM
    Greg:

    If you file jointly, you do so by choice and you both CHOOSE to be treated as resident aliens. In doing so, she will probably forfeit her diplomatic status.

    The other option is for you to file as a married non-resident alien.

    I suggest you call the IRS International Tax Hotline (215-516-2000) and ask for guidance.
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