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    doggery's Avatar
    doggery Posts: 5, Reputation: 1
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    #1

    Aug 6, 2009, 06:19 PM
    1040:First year choice and married jointly return as resident alien.
    After making the first year choice, I am a resident for tax purpose only for part of the tax year 2008 (F1->H1B). I was told that I can file a married jointly return with my wife (in 2008, F2->H4) as resident alien for the whole year of 2008. Is this due to the "choosing resident alien status" in p519? Which says:
    {
    If you are a dual-status alien, you can choose to be treated as US resident for the entire year if all of the following apply:
    1, you are a non resident alien at the beginning of the year
    2, you are a resident alien or citizen at the end of the year
    3, you are married to a US citizen or resident alien at the end of the year
    4, your spouse joins you in make the choice

    This include the situations in which both you and you spouse were nonresident aliens the beginning of the year and both of you are resident at the end of the year.}


    If this is the case, does it mean that both I and my wife must write a statement to make the first year choice, and then make a statement to "chooing resident alien status"?

    Basically, there are two questions, could anyone tell me YES/NO?
    Thanks a lot.
    doggery's Avatar
    doggery Posts: 5, Reputation: 1
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    #2

    Aug 6, 2009, 07:15 PM

    I find in the page 10 of p519, "nonresident spouse treated a a resident" may also works in my case, am I right?

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