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    vij101's Avatar
    vij101 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 23, 2011, 07:34 PM
    I am on F-1 OPT, Wife on H1-B
    Hello Gurus,
    I was (and currently on) F-1 OPT throughout 2010 while my wife was on H-1B. Our combined income exceeds $125k for the year. I used taxcut under Married filing Jointly and it says we owe federal over $2k. Is this because I am being counted as a resident-alien for tax purposes when my employer treated me as a non-resident and I am now being bitten by FICA?
    Any ways around this? File Separately. We own a home and have a child.
    Thanks,
    Vijay
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 23, 2011, 10:52 PM

    You have two choices:
    1. File joint return as residents and claim you child.
    2. You file nonresident tax return and your spouse files separate return (nonresident or married filing separately resident return or head of household) depending upon when she entered US and if she provided more than half of the expenses of the household.
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