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vishalbhambure · Mar 10, 2011, 12:15 AM

Hi

I was there in US for 159 days during 2010 & 0 days during 2009 & 41 days during 2008.

For 2008 I got my refund under 1040NR & I was single at that time. Now in 2010 my status on W2 is married. My wife was there in US on H4 for a week or so.. she doesn't have ITIN or SSN...

My question is will I be consider as Non Resident or Resident Alien...

MukatA · Mar 10, 2011, 01:19 AM

You have two choices.
Choice 1: You did not complete SPT in 2010, you can file non-resident tax return. You can also deduct moving expenses for the family. Use Form 3903.
Choice 2: You can file resident tax return as Married Filing Jointly. You must wait to file your tax return till you meet the Substantial Presence Test in 2011.

vishalbhambure · Mar 10, 2011, 08:50 AM

Thanks Mukta... but I left US on 11 dec 2010... But one of the tax filing agent told me that sice you were in US on H1b & you were working here for 159 days you are resident alien (not sure under which cluase he is considering me so)... for my wife he is going to file ITIN...