[hp100]

Hi all,
I and my wife are Ph.D. students. My wife stayed more than 5 years in US that makes her resident alien I think. I am non-resident. Can we file jointly as resident? Which form should we use?

Thanks,

Harun

[AtlantaTaxExpert]

Harun:

Yes, you can file jointly if EITHER of you meet the residency test.

You will probably file Form 1040EZ, but you need to attach a statement to the return that YOU choose to be treated as a resident alien for all of 2010.