[laver122]

I am J1 from 2005, my income is $52,000. My husband visited me with B1/B2 visa, and stayed with me since Sep 2009. My husband has TA/RA income from Canada, around $ 21,000. But he also pay $6,000 for tuition. He doesn't have income in the US and he doesn't have SSN and ITIN. Can I use married jointly to file my tax, will it get more money back than I just file as single? If I declare his salary in world income form 2555, do I really need to provide a document certifying how much he earned? If yes, what document is that?
Thanks in advance!

[MukatA]

Are you a student, intern, apprentice, researcher or what?

[laver122]

I am researcher.
I have another question about state tax to ask: I lived in CA for the whole last year, but my husband is no-CA resident at all. Can I choose married jointly to file state tax? If so, should I choose 540NR as from CA government" If you filed a joint tax return and either you or your spouse/RDP was
a nonresident
for 2009, you must file the Long or Short Form 540NR,
California Nonresident or Part-Year Resident Income Tax Return."
Thanks!

[MukatA]

You can only file as married filing jointly or married filing separately.

If you file joint return, your CA return should also be joint return. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

On CA return, you are resident and will report all your income. Your spouse is resident only during the period he was in CA and report the income earned during that period.

[laver122]

Thanks very much for your answer! But I still not sure which form I should use, is 540NR as from CA government" If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2009, you must file the Long or Short Form 540NR,
California Nonresident or Part-Year Resident Income Tax Return."