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    djoshi's Avatar
    djoshi Posts: 1, Reputation: 1
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    #1

    Mar 15, 2010, 12:40 PM
    I am in H1b status form 2009 Oct. and my my wife is F1 with opt status.
    I am in H1b status form 2009 Oct. and my my wife is F1 with opt status, currently working and both has W2. Can we file tax for 2009 jointly and what form should we refer for filing?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 16, 2010, 01:50 AM

    Yes, as a First Year Choice you can file joint return as residents. You must wait to file your tax return till you complete SPT in 2010.
    If you file joint return, your spouse must start paying FICA taxes from 2010. Your U.S. Tax Return: Substantial Presence Test
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