[lijianatusa]

Hello Experts:

It is driving me crazy with all forms... :confused: I really need your help... please...

I am on a F1 visa all the time in U.S. and graduated on August 31st, 2008, started OPT on Sept. 1st, 2008. I am here with my wife who is on a F2 visa, she came to U.S. on Jan. 23, 2008. We are all from China. We live in California all the time.

Question 1:
I am considered as a non-resident alien, right?
So I need to fill out form 8843, right?
Question 2:
1040NR or 1040NR-EZ, which form I should use?
I want to file my wife as a joint return, but I was told that if I use 1040NR/-EZ, I cannot do that, is this correct? (because I am from China?? )
Do I have to file tax return as single??
I don't need to file interest tax, right??
Question 3:
How could I file tax for my wife as a joint filing return? She had no income, no SSN, no ITIN.
Do I need to fill out a form 8843 for my wife?
Question 4:
I found that I need to fill out form 843 and Form 8316 for my Social Security and Medicare Taxes, right?
Question 5:
For California state tax, which forms apply to me? :eek:

Sorry about too many questions, this is my first post on AskMeHelpDesk.com, any suggestions will be really appreciated.

Thank you very much.

[IntlTax]

1a. Yes.
1b. Yes.
2a. Depends on your income.
2b. You cannot file jointly. You should not file as single. You should file as other married nonresident alien.
2c. You can exclude interest income.
3a You cannot file jointly with your wife. If she has U.S. income, she will need to file Form 1040NR and Form 8843. If she has no U.S. source income, then she only needs to file Form 8843.
4a. You only need to file these forms if these taxes were withheld.
4b. Not sure which California forms are needed.

[lijianatusa]

1a. yes.
1b. yes.
2a. Depends on your income.
2b. You cannot file jointly. You should not file as single. You should file as other married nonresident alien.
2c. You can exclude interest income.
3a You cannot file jointly with your wife. If she has U.S. income, she will need to file Form 1040NR and Form 8843. If she has no U.S. source income, then she only needs to file Form 8843.
4a. You only need to file these forms if these taxes were withheld.
4b. Not sure which California forms are needed.

Hello IntlTax:

Thank you for your quick reply:)
I am sorry I was not clear on the question 2.
I got 3 W-2 forms from companies I worked for in 2008, my total income was 30K in 2008, and one 1099 form from bank interest about $350, and nothing else. My wife didn't have any income, we don't have any properties like house.

Question 1
So which form I should use, 1040NR or 1040NR-EZ?
I noticed that the form 1040NR-EZ is "U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents", but there is an option for "Married nonresident alien":confused:
Question 2
How could I file as other married nonresident alien?
I know there is an option on the 1040NR form for "other married nonresident alien",
But on the 1040NR-EZ form there is also an option "Married nonresident alien":confused:
Question 3
How could I exclude interest income?

Thank you very much.
I really appreciate all your help:)