[prashanthyg]

Hi,

I believe various aspects of this question have been addressed here before but just wanted to clarify a couple of things

1. We got married in 2011 and my wife came to the US on a H4 visa in March 2012. We filed jointly in 2012 with a declaration indicating that she wanted to be treated as as a resident for 2011 also.

2. She changed her status from h4 to f1 in May 2014. We filed a Joint return in 2015 for the 2014 tax year also.

3. She graduated and started working full time in June 2015 on her OPT.

My questions are as follows

1. Do we need to file form 8843 for her this year ? If so do we also need to file an amended return for 2014 also with form 8843 ?

2. Do we need to attach any other declaration again this year asking that my wife be considered as a resident for tax purposes ? (even though we had filed such a declaration in 2012 while filing our 2011 tax returns)

[AtlantaTaxExpert]

No to both questions.

The requirement for the Form 8843 went away when she opted to file jointly and CHOSE to be treated as a resident alien.

The first Spousal Choice statement is still in effect and will remain so until she returns to the home country or converts to a work visa like H-1B.

[prashanthyg]

No to both questions.

The requirement for the Form 8843 went away when she opted to file jointly and CHOSE to be treated as a resident alien.

The first Spousal Choice statement is still in effect and will remain so until she returns to the home country or converts to a work visa like H-1B.

Thank you, appreciate your quick response. Also does the 5 years for which she is exempt from FICA taxes start from the date she went on f1 (2014) or from when she came here on h4 (i.e. 2011 tax year).

[AtlantaTaxExpert]

The five-year exemption from FICA taxes starts the year she started on the F-1 visa (2014).

[prashanthyg]

The five-year exemption from FICA taxes starts the year she started on the F-1 visa (2014).

Thanks again!

[AtlantaTaxExpert]

Glad to help!