[nopembe]

Hi,
I have seen threads on this but not my case. I am on F1 visa from 2005 and since an a student I have been exempt as far as substantial presence test goes. I have been filing 1040NR. In 2008 I filed the same 1040NR, but that year I married my girlfriend. She is a LPR and files 1040EZ, we also had a baby in 2008. Now I was reading on the IRS website as I was trying to figure out if we can file jointly and seems we can. Now questions are, she received $600 in 2008 for rebate (ofcourse I receined nada), can I claim my $600 this year and $ 300 for the baby? This is the only part remaining and I will be doing these taxes like yesterday.

IRS gives different cases but leaves this out?

[MukatA]

"She is LPR and files 1040EZ."
What is LPR? Is she a U.S. citizen or resident?

[nopembe]

LPR is legal permanent resident aka green card holder.

[AtlantaTaxExpert]

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife) plus one $3,500 for your child PLUS the $1,000 Child Tax Credit.

You will also qualify for an additional $900 in Recovery Rebate Credits.

To claim all f this, you will need to amend your 2008 return.

[nopembe]

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife) plus one $3,500 for your child PLUS the $1,000 Child Tax Credit.

You will also qualify for an additional $900 in Recovery Rebate Credits.

To claim all f this, you will need to amend your 2008 return.

I filled my 2008 return and did all these you are suggesting. Why do I need to amemd my 2008 return or did you mean my 2007?

[AtlantaTaxExpert]

Yes, I meant 2007.