[captain-marcel]

Hello everybody,

Here is my situation:
I had a J1 visa that finished in 09/2006, and then I stopped working till the end of the year.
In October 2006, I got married.

The advantages of the J-1 are: I can deduct $5000 from my wages because of a treaty between the US and my country, I can also deduct my lodging

My question is: can I file as a non-resident? Or do I have to consider my status as a resident?

Thank you in advance
Don't hesitate to ask for more precision

Phi

[AtlantaTaxExpert]

Phi:

Income amounts?

Country of Origin for yourself and wife?

Current visa status?

[captain-marcel]

Phi:

Income amounts? 29k

Country of Origin for yourself and wife? France and US

Current visa status?

Adjustment of status

Tks Atlanta!

[AtlantaTaxExpert]

If you file separately, you can file as a non-resident alien and still claim the $5,000 treaty exemption, PLUS whatever itemized deductions you can get.

If you file jointly with your U.S. citizen wife, you must file as a resident alien. You get a Standard Deduction of $5,150, but you get EITHER the standard deduction or itemized deductions. As a NRA, you can the $5,000 treaty exemption PLUS the itemized deduction. It makes the biggest difference in high tax states like California, New York or Massachusetts.