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    medical1978's Avatar
    medical1978 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 11, 2010, 06:16 AM
    I am I j-status from may 2008 ,I start earning mony last July 2009,so first:
    I am I j-status from may 2008 ,I start earning mony last July 2009,so first:
    Am I resisdent allien for 2009 taxes?
    I am married (non resident allien) how should I file :married or single ?
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 11, 2010, 11:49 AM
    You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife).

    You will need to submit Forms W-7 to apply for an ITIN for your wife. A notarized photocopy of their passport needs to be stapled to the W-7.

    The downside is that:

    • you must WAIT to meet the Substantial Presence Test before you can file, which means you must wait until sometime in May 2010.
    • you must declare ALL 2009 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

    Even with the downside, this is probably the best way for you to file.

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