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What constitutes a NR status?
Hi Experts,
I live in the state of Georgia and got married to a US citizen in April 2007. My husband lives in Maryland. We did not live together in 2007. I had a J-1 visa previously and had received the 2 year residency exemption. I have an employment authorization card that is valid from June 2007 to June 2008. In January 2008, I got my green card. I don't know how to file my taxes for 2007. Would I be considered a non-resident alien because I did not have my green card then? What forms should I use? Also, would it better to file separately or jointly? |
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For 2007, you are still a non-resident alien. If you file by yourszelf, you would file Form 1040NR-EZ and Form 8843.
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 |
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