[minnesl]

Hi,
My husband (who is on a 5 year J1 visa) and me (J2, with EAD, employed by a US company) bought a house last year. I had been filling taxes in the past as resident alien (2005 and 2008), non-resident alien (2006 and some years before 2000), based on the substantial presence test, and I can also fill 2009 as a resident alien, base on the same test. IRS always found my returns OK, and I believe I have been doing things right. My husband did not have any US income, so he did not file any tax returns lately. Both of us have SSN.
My question is whether we (both of us or any of us) can benefit from the First Time Home Buyer Credit. We will definitely keep the house (it has been already one year) for the three year period. I really want to make sure we ask for it only if we are entitled to it.
Any advice will be appreciated. Thanks!

[MukatA]

If you filed resident tax return for 2008, you should file resident return for 2009 if you are still in the U.S.

You can file resident as married filing separately or married filing jointly. On both the returns you will get homebuyer's credit. Your U.S. Tax Return: First-Time Homebuyer Credit

[minnesl]

Thanks for the prompt answer. Right now I am NOT in the US, since we are part of the year in the US and part in our home country since 2008, but was for more than required time in 2009 to comply with the substantial presence test. I will return to the US this year, but I will not be employed, so most likely, I will not fill 2010 tax return. Would this make a difference?
In any case, as a wife of a J2, I have always filled as married filling separately, and never claimed dependents. I seems a little tricky the way Jvisa holder are consider resident/non resident. According to IRS, is also a function of what you have filled in the past... I tried to read as much as possible, but I do not think it is 100 % clear.
Thanks again!

[minnesl]

Thanks for the prompt answer. Right now I am NOT in the US, since we are part of the year in the US and part in our home country since 2008, but was for more than required time in 2009 to comply with the substantial presence test. I will return to the US this year, but I will not be employed, so most likely, I will not fill 2010 tax return. Would this make a difference?
In any case, as a wife of a J2, I have always filled as married filling separately, and never claimed dependents. I seems a little tricky the way Jvisa holder are consider resident/non resident. According to IRS, is also a function of what you have filled in the past... I tried to read as much as possible, but I do not think it is 100 % clear.
Thanks again!