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melano · Mar 29, 2009, 11:46 PM

Hi,

I've been on F1 (student) visa since 2003 and I believe I am considered a resident alien for 2008. I'm married with a child. My wife joined me in 2005 with an F2 visa. She is still a non-resident alien (I suppose) with no income and no SSN (not eligible). My question is that when I file the 1040A form should I file as married filing jointly or separately? Since she can't obtain a SSN, should we apply for an ITIN?

Thanks in advance

Five Rings · Mar 30, 2009, 07:50 AM

You should file married filing jointly.
Apply for an ITIN for her and an ITIN for your child, (I assume the child is here in the US) and check box e for her and d for the child.

Get a certified copy of each of their passports and attach to the W-7. Then submit the W-7s and your tax return to:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

melano · Mar 30, 2009, 09:14 AM

Thank you, much appreciated.

Originally Posted by Five Rings

You should file married filing jointly.
Apply for an ITIN for her and an ITIN for your child, (I assume the child is here in the US) and check box e for her and d for the child.

Get a certified copy of each of their passports and attach to the W-7. Then submit the W-7s and your tax return to:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

MukatA · Mar 30, 2009, 09:18 AM

Yes, you can file joint return as residents. Attach W7 (ITIN applicaitons) with your tax return.

melano · Mar 30, 2009, 02:16 PM

Thank you MukatA, does this mean my wife is no longer required to file form 8843?

Originally Posted by MukatA

Yes, you can file joint return as residents. Attach W7 (ITIN applicaitons) with your tax return.

MukatA · Mar 30, 2009, 02:32 PM

If your wife chooses to file joint resident tax return, then she does not file Form 8843. But she must pay FICA taxes on her income form Jan 2009, and must inform her employer of her resident status.

melano · Mar 30, 2009, 02:45 PM

If I understand this correctly, she is considered a resident alien too (because I've become one) although she has been in the country for 3 years. Is that correct?

Originally Posted by MukatA

If your wife chooses to file joint resident tax return, then she does not file Form 8843. But she must pay FICA taxes on her income form Jan 2009, and must inform her employer of her resident status.

MukatA · Mar 30, 2009, 03:31 PM

Yes, has can choose to be treated as resident alien for tax purpose. This is true even if she is a foreign person and has never been to the U.S. Read Your U.S. Tax Return: Filing Status for Married

melano · Mar 30, 2009, 03:49 PM

Yes, she is a foreigner and had never been to the U.S. until 2005.

I greatly appreciate your help. Nice blog by the way...

Originally Posted by MukatA

Yes, has can choose to be treated as resident alien for tax purpose. This is true even if she is a foreign person and has never been to the U.S. Read Your U.S. Tax Return: Filing Status for Married

melano · Mar 30, 2009, 04:37 PM

My special thanks to Five Rings and MukatA...