[Houstonian]

Hi,
I am a new user of this forum. I have browsed through some of the tax queries and the answers from AtlantaTax expert. I greatly appreciate the help you provide.

I have a few questions. I am on F-1 visa since I came to US in Aug. 2001. My wife was on F-1 from July 2003 to June 2006, but since October 2006 she is on H1-B.

1. Can we file a joint tax return?
2. Which form should we use?
3. In case we can not file a joint tax return then which form my wife should file?

Thank you.

[taxsearcher]

Hi,
I am a new user of this forum. I have browsed through some of the tax queries and the answers from AtlantaTax expert. I greatly appreciate the help you provide.

I have a few questions. I am on F-1 visa since I came to US in Aug. 2001. My wife was on F-1 from July 2003 to June 2006, but since October 2006 she is on H1-B.

1. Can we file a joint tax return?
2. Which form should we use?
3. In case we can not file a joint tax return then which form my wife should file?

Thank you.

Houstonian,

You were NR for 2001-2005. From 2006 onward you must file as a resident. Your wife can elect to be a resident and file MFJ with you. Alternatively she is still non-resident (if she was F1 until she began the H1B) and you would each have to file separately (you a 1040 but MFS) and your wife a 1040NR.

The best result is probably to file jointly but it depends on your circumstances.

[AtlantaTaxExpert]

TaxSearcher's answers are GOLDEN! Nothing to add.