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idleuser · Oct 10, 2009, 08:05 PM

Hi,

I am going to India this November end and getting married in the second week of December.

I have to get my H1B visa stamped and H4 visa for my wife. Since now the stamping is taking longer time in some cases and for some reason, if we are not able to come before 31st December. Will we able to file jointly for year 2009 if we come back to USA after Dec31?

I have been in USA all the year (Jan to Sep on OPT, and from Oct 1st on H1b). Please let me know if you need any additional info to answer my queries.

Thanks in advance for answering my query.

Five Rings · Oct 11, 2009, 10:06 AM

You were married by Dec. 31, 2009. You are considered married for the whole year. You may file jointly.

Fr_Chuck · Oct 11, 2009, 03:14 PM

As long as you are married by or on the 31 of Dec you can claim married for the entire year on your taxes

MukatA · Oct 13, 2009, 12:28 AM

You were on OPT/F1 up to Sept 2009. Now you have H1B. You will not complete substantial presence test (SPT) in 2009. So you will be nonresident for 2009.

However, you can choose to file joint return as resident if you complete SPT in 2010 and meet the requirements for 2009:
*Be present in the United States for at least 31 days on H1B in a row in 2009, and
*Be present in the United States for at least 75% of the number of days beginning with the first day of the 31-day period and ending with the last day of 2009.
Your U.S. Tax Return: Substantial Presence Test

idleuser · Oct 13, 2009, 02:43 AM

Thanks a lot for the replies. I have been in US on f-1 since 2003, so I can file as a resident, right?

If I come after Dec'31st, then it should not be a problem? Also, to report the spouse income, which conversion rate to use (Dollar to Indian rupee exchange rate)?

MukatA · Oct 13, 2009, 04:33 AM

Yes, you are resident for 2009.
Use the rates on the dates she received the wages and the dates she paid the taxes.
Or
Use rate as on Dec 31, 2009.