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    radhikaravindra's Avatar
    radhikaravindra Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 2, 2008, 07:52 AM
    ,residential status &spouse exemption for non resident alien
    Hii

    My husband came to us in aug 2004 in F1 visa ,from oct 2006 to oct 2007 he was in OPT status .in oct 2007 he got his H1.

    From what I understood is he has to file 1040 NR since he doesnot satify SPT 183 days test is that right ?

    In case we are filing 1040 NR can he claim spouse exemption for me.we got married in dec 24th 2007 and I came to US in jan 7 2008 in dependent visa.I don't have any income here nor am I working

    We are indians so that means we can also claim for $5350 std deduction as per india us treaty rt ?

    Do I also have to file any return since in 1040 nr I didn't find any option of married filling jointly.I only found married filing sep so does that mean I have to file my return .if yes then what return do I have to file.I am on dependent visa and not working in US

    Please do help.

    Thanks in advance
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 5, 2008, 10:33 AM
    You can file jointly with your husband and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,700 joint standard deduction plus two $3,400 personal exemption (for yourself and your husband).

    The downside is that you must declare ALL 2007 world-wide income. There are two offsets available, by either claiming a Foreign Tax Credit (Form 1116) or a Foreign Income Exclusion (Form 2555).

    Even with the downside, this is probably the best way for you to file.
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