[roniegh]

Hi,

I just got married, in Massachusetts, on August 10th 2007, and now I started to understand a little bit better how the W4 form works for non-residents in F1 Visa with an OPT (Optional Practical Training) autorization.

The situation is that my wife is on a F1 Visa, she graduated on May 5th and now she is on her OPT, that is valid till May 5th 2008.
And I was on a F1 Visa studying taking TOEFL preparation classes, it was till August 28th, when I send my change of status forms and documentation to change for a F2 Visa.
So, we are both legal in the US and also non-residents, we are from Brazil.
And my wife is working (OPT) and I am waiting for the change to the F2 Visa.

The questions are the following:
1) As we are both non-residents, but married, which marital status should my wife fill on her W4 form?

2) Or if she should put Single, or married filling separately, could she put me as a dependent on her W4 form?

Thank you so much for the help!

If you have any other advices to give us, we will really appreciate. :-)

Best regards,

Ronie

[AtlantaTaxExpert]

If you are both planning to file as non-residnet aliens, then you should put SINGLE.

If one or both of you will be converting to H-1 or H-1B ANYTIME in 2007, you will have the option of filing as residnet aliens for all of 2007. This will allow you to claim a $10,600 standard deduction. Also, you MAY be able to claim credits for the tuition you may have paid in 2007.

However, your tax rate will not change, so claim SINGLE regardless.

[roniegh]

Thanks for the help!

Regards, Ronie

[AtlantaTaxExpert]

Glad to help!