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    krapol01's Avatar
    krapol01 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 25, 2010, 02:37 PM
    F1 student from india for more than 5 years
    I am on F1 student visa from India. I came to US in 2004 and by 2009 my stay in US completed 5 years. Till last year I was filing 1040NR-EZ. I have permanent home address in India and have closer connection to my home country. In March 2009, I got married in India and my wife came to US on student dependent F2 visa in July 2009. I have few questions regarding tax filing. I get student stipend less than $20K per annum.

    1. Am I Resident Alien or Non-Resident Alien?
    2. If Resident Alien which form should I file?
    3. Should I file "Married filing jointly" or can I file "Married filing separately"?
    4. If filing jointly-- My wife doesn't have SSN. So should she apply for ITIN through W7 form?
    5. If filing separately--My wife doesn't have any income for 2009. So should she file tax returns at all?
    6. Are there any benefits that I can claim being a student from India and married?

    Thanks a lot,
    Kalyan
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 25, 2010, 08:25 PM

    1. Resident alien
    2. Form 1040
    3. Your choice. Normally joint return is better.
    4. Attach W-7 with your tax return.
    5. No
    6. No, since you are resident.

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