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    tutlaa's Avatar
    tutlaa Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 3, 2009, 02:52 PM
    Self on H1, spouse on F1
    Hi,

    I am on an H1-B visa and have resident alien status and my spouse is on F1 visa. Also, I am in Missouri and spouse is in Massachusetts.

    - Can we file the federal tax jointly using 1040 (not NR) with me claiming my spouse as resident alien?

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

    Mar 4, 2009, 03:04 AM

    Yes, you can file joint return as residents. Once you make this choice, your spouse must start paying FICA taxes on the F1 income.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 28, 2009, 10:34 AM
    Not true about paying FICA taxes; see link below:

    Nonresident Spouse Treated as a Resident
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