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    ravi5913's Avatar
    ravi5913 Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Apr 9, 2008, 08:46 AM
    Filing 1040X
    Dear Tax experts,

    I'm married and we are in USA since Aug'2004 on J1 (Myself) and J2 (my wife) visas. However, my wife changed her status to F1 visa in August 2007, as she got admission into an university for her masters. While filing taxes she was misguided and she filed a 1040 as Married filing separately status, Now the question is..

    1) Can she file 1040 even though she is on F1 visa since August 2007, before that she was on J2 visa and she meets the substantial presence test for the year 2007?

    2) If she is eligible to file 1040 and I know I'm, then can we file a 1040X changing our filing status from Married filing separately to Married filing jointly?

    Please guide me.. thanks in advance

    Ravi
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 9, 2008, 09:20 AM
    1. Which form did you and your wife file in 2006?
    2. J1 is issued to Teachers, researchers, students... what you're your purpose of visit on J1?
    ravi5913's Avatar
    ravi5913 Posts: 5, Reputation: 1
    New Member
    		  
    #3

    Apr 9, 2008, 09:50 AM
    Dear MukatA,
    Thank you for your response.
    I am a postDoctoral Fellow (researcher) and we both filed 1040-NR last year as she had a little income in 2005. But now we finished two years and we became tax residents for 2007, this year we can file 1040 based on substantial presence test. But the confusion here is as she converted her visa in August 2007 is she still eligible to file 1040?
    -Ravi
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Apr 9, 2008, 07:57 PM
    If one spouse is resident, both the spouses are choose to file the joint resident tax return.
    Yes, you can file Form 1040.
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