[arvindTiger]

Hi,

I have been on H1B status since October 1 2007. I was on F1 OPT status from October 16 2006 to September 30 2007 and on F1 student status for 6 years before that.

I got married in November 2007 and my wife came to US on H4 status on December 1 2007. My wife has previously visited US for a month in Jan 2006. She does not have a ITIN and does not qualify for a SSN.

H&R block is saying that I cannot file married jointly because my wife has not spent 183 days in the US after marriage.

Another tax consultant is saying that I can file married/jointly.

There is a big difference, I go from owing $2300 to getting a refund of $3800. What should I do?

If I file an extension, then my wife would have surely satisfied the 183 day test by October. But the rule says that I have to send a check for back taxes. What does this mean? Does it mean if I owed taxes on April 15 (because my status will married/separately) I still owe on October?

I would really appreciate any advice on this since I am totally confused.

Thanks
Swami

[MukatA]

Yes, you can file joint return as residents. But you must wait to file your return after you meet SPT in 2008. You will get standard deduction of $10,700 and exemptions for both of you.
You will also attach First year choice statement.