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    deepti_cableandwireless's Avatar
    deepti_cableandwireless Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 4, 2007, 09:38 AM
    Resident alien or non resident alien
    I came to US on H4 visa on 13th of march 07 and my spouse came on 1 nov 06 . I will be back to India by 30 April 07 and my spouse will be back by 30 June 07. This had been first trip for both of us to US.I want to know are both of us considered as resident alien. Thanks in advance
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 13, 2007, 12:39 PM
    Since you were in the U.S. for less than 60 days, you are definitely NOT a resident alien.

    Your spouse MAY qualify for resident status under the Substantial Presence Test, but he has the option to be treated as a non-resident alien as well.
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