[JKaur]

I am Indian J2 visa holder, working in U.S.. Do I have to file income tax return separately from my husband who has J1 or we can file it jointly?

[MukatA]

J1 and J2 visa holders are exempt from residency for two years. In first two years, you must file nonresident tax return, which is always a separate return. Also during these two years J1 holders do not pay FICA taxes but J2 holders must pay FICA taxes.

[AtlantaTaxExpert]

How are you being paid, under Form W-2 or under Form 1099-MISC?

[JKaur]

My company is paying me through W-2.
And MukatA we are already in third year. What should we have to do this year and how?

[MukatA]

If you have already completed two years before 2011, you can file 2011 tax return as joint resident return.

[AtlantaTaxExpert]

I agree, but let's be precise.

JKAUR:

What was the exact date of your arrival under the J Visa.

[JKaur]

To AtlantaTaxExpert: My company paying me under form W-2 and I came here in August,2009 and my husband came here before me in June,2009.

To MukatA: As non resident J1 visa holder, my husbands company didn't withhold his Social security and medical taxes. Now if we file our tax return now as residents, do he has to pay Social security taxes and medical taxes all together now?. It would be a lot.. or it will start now in new year withholdings for 2012 (next year) tax returns.. and do we have to tell his employer to withhold social security and medical from this year??

[AtlantaTaxExpert]

JKaur:

Regarding the FICA (Social Security and Medicare) issue, your husband's employer was supposed to begin withholding FICA taxes on 1 January 2011, so, for sure, he must pay FICA taxes for 2012.

Whether his employer decides to go back and attempt to collect the back taxes for 2011 is a decision made BY THE EMPLOYER. Your husband's legal obligation is to inform his employer of the fact that he became liable for the FICA tax for BOTH 2011 and 2012.

Another consideration: If ypour husband was exempt from taxes for the 24-consecutive-month period while on J-1, he becomes retroactively liable for the income taxes for that period if he stays BEYOND that two-year period. Since you are talking like he remained on the job past June 2011, then he has to pay taxes for the entire year, plus go back and pay taxes for 2010 and 2009 as a non-resident alien.

As MukatA noted, you can file jointly for 2011 and CHOOSE to be treated as resident aliens for all of 2012.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.

[JKaur]

Can my husband claim me as dependent and we can file tax return jointly?

[AtlantaTaxExpert]

If you file jointly, you are NOT a dependent; you are a co-filer.

[JKaur]

It means I have to fill "1" on line "A" of my W-4?. right?

[AtlantaTaxExpert]

Yes!