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    Pkumar12's Avatar
    Pkumar12 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 29, 2009, 10:13 AM
    Resident alein or non resident alien and filing status
    Hello,

    I've couple of questions to you experts.
    I've worked in US on L1-B Visa for the entire year of 2006 and 2007 and stayed up to march 26th 2008. I was here again on 14th Dec 2008 on L1B again for work and likely to stay here until July 2009.

    Q1) Filing taxes for the year 2008, Am I a resident alien or non-resident alien ?

    I am married as of 31-dec-2008 and my wife stays with me in US from 14-dec-2008 on L2 dependent visa.

    Q2 ) Should I file married filing jointly or married filing separately ? If married jointly, what are the things to be taken care of?

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

    Jan 29, 2009, 01:05 PM

    You are resident for 2008. You count 1/6 days of 2006 plus 1/3 days of 2007 and days in 2008. You can file joint return as residents. You will attach W7 (ITIN application) for your spouse. Read Your U.S. Tax Return: Substantial Presence Test
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