[znamya]

Dear All;

I have a question. As I am here in the US more than 5 years under F-1 visa, I am considered resident for tax purposes. However my wife is dual status alien(Thanks to Atlanta Tax expert for the sticky, she passes all 3 requirements) Can I file regular resident return married filing jointly or how should I do it? If I can do resident tax, should I mention somewhere my wife is dual status?

Thanks in advance for your help.

Sincerely

[znamya]

Dear All;

I have a question. As I am here in the US more than 5 years under F-1 visa, I am considered resident for tax purposes. However my wife is dual status alien(Thanks to Atlanta Tax expert for the sticky, she passes all 3 requirements) Can I file regular resident return married filing jointly or how should I do it? If I can do resident tax, should I mention somewhere my wife is dual status?

Thanks in advance for your help.

Sincerely

Actually, I am more confused. Here is my case in more details.

My wife was on F1 until October 1st, then H1B. I was on F1 all year long however I have been in the US more than 5 years, so I am resident alien.

Q1)Is my wife dual status? I guess so according to ATE's sticky

Q2) I really want to fill resident alien filling jointly with my wife as I will get more money that case. The publication says attach a document explaining that we choose my wife to be treated resident alien and we both sign. I would like to file online to get my money faster, how do I attach this form to an online form.

PLease help if you know how to do this.thank you

[znamya]

I called IRS just now, they told me I don't need to attach a form and sign it, I just need to file as if we both are american citizens.

Does she know what she is talking about? Thanks for your answer

[AtlantaTaxExpert]

1) Actually, your wife, if she filed separately, would probably file as a non-resident alien because she has NOT met the 183-day Substantial Presence Test. But filing jointly is the better option.

2) The IRS rep was WRONG! The statement is required as it provides proof that you are making the explicit decision to forego your non-resident alien status and CHOOSE to be treated as resident aliens. Unfortunately, this means you CANNOT file on-line; the return MUST be mailed.