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

    Feb 2, 2011, 06:43 AM
    L1 and L2 Non Resident Alien Test??
    I am L1 visa holder and I came to USA in 1st Aug 2010. My husband came on L2 visa on 4th Dec 2010.Since he is in US, he is not employed. Can we file as married jointly?
    Do we need to file as residents or non residents?
    Do we both need to report our incomes we had at the beginning of this year in our home coutries?
    Thank you for any help
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 11, 2011, 11:10 PM
    Yes, you can file jointly and CHOOSE to be treated as resident aliens, but you MUST wait until sometime in May 2011 before you file in order to meet the Substantial Presence Test.

    Yes, you have to report ALL world-wide income in 2010, but you can claim the Foreign Tax Credit using Form 1116.

    You will have to BE here through May to file this way, and you need to submit Form 4868 to extend your filing date to 15 October 2011, but it is probably the BEST way to file.

    If you want my professional help, email me at [email protected].
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