[hell0_1581]

Hello Experts,

I am in big dilemma regarding my tax returns this year. I was on f-1 visa (OPT) and my wife was on F-2 visa(until 30th sep) then on OCT 1st 07 we both got transfer to H1-B visa (my self F1 to H1 and her F-2 to H1). My wife didn't have any income because she was on unpaid leave during those months. I am wondering that can we file married filling jointly or we need to file separate (1040nr). In the situation if we both file separate I am not able to take advantage of her zero income. If I will file jointly with her and her income plus my income (0+$$$) then we will take standard deduction for both (5250+5250) and personal exemption for both that way I can save some tax money. For the best options to get 10,700 deduction and married filling jointly should I wait until may/jun to pass test (183 days).

Can anyone please guide what options I have.

Thanks in advance.

[AtlantaTaxExpert]

You can file jointly and you BOTH choose to be treated as resident aliens.

You WILL need to wait until early June, 2008 to file, but the tax savings are worth the wait.

If you want my professional help to do this, email at the address below.

[MukatA]

Yes, you should wait so that you can file resident return as Married Filing Jointly. This is the only option.
You must wait till 1/3 (of days on H1-B) plus days in 2008 = 183.
You can prepare your return using Form 1040 (don't file) and make sure to pay any due taxes by April 15, 2008. Then you can file after your complete SPT with a statement for resident status.
Also AtlantaTaxExpert is expert.

[AtlantaTaxExpert]

Agrre, with this addition.

If you have to PAY to get your payments in line with taxes owed, you pay with Form 4868, which is the request for extension.