[bautinh]

I moved from Canada (and never return to Canada) and married a US citizen on JULY 2008; I still work and receive salary from a canadian company and paid all 2008 income tax to canadian revenue agency ; in 2009, I still work for the same company and all 2009 tax deductions and income are currently done by the company.
I am in 'ADJUST STATUS' and will be interviewed in July 2009 .
Questions :
1. for IRS, I am resident or non-resident since July 2008
2. must I fill IRS for year 2008 ? If yes, please specify form numbers ( I don't have SSN)
3. for 2009, I must fill IRS forms after receiving my green card?
4. please advice and thank you very much

BAUTINH

[AtlantaTaxExpert]

1) You can file separately as a dual-status alien, or jointly with your spouse and CHOOSE to be treated as a resident alien. Filingjointly is easier and probably produces the best results tax-wise.

2) If you file dual-status, you must file Form 1040 AND 1040NR. If you file jointly with your spouse, you must file Form 1040, with Forms 1116 (to claim the Foreign Tax Credit for the Canadian taxes paid) and W-7 (to get a Individual Tax Identification Number) for yourself.

3) Yes; you must file a tax return every year you earn the minimum taxable income.

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