[ajuboy79]

Hi

I have been in the US since 2003 and am on H1 visa since 2006. Actually I have more than one question
1. My wife (on F1) came to the US in July 2007. Due to ignorance, we filed her taxes through turbotax (dint know non resident students can do that) and she also received the stimulus rebate of 300$. So now, do we file a 1040X amendment and pay back the amount?

2. We got married early 2008, and now when we file for 2008, can we file as Married/Jointly?

3. During an internship in summer 2008, my wife's Social security and medicare were withheld (which I don't think should have been because of her F1 status), I was thinking of filing 843 and 8316 for a refund. Now if filing Jointly is possible for 2008, can we still do the 8316?

Appreciate any kind of help on this.

Thanks a lot.

[MukatA]

2. Yes, you can file joint return as residents. In that case you will not get SS tax and Medicare tax back.

[ajuboy79]

Thank you Mukata for the prompt reply. For the first part of my question, do I need to send only the 300$ check to the IRS or should I calculate interest?? Also can I plead them for a waiver in my letter included with 1040x and 1040NREZ and 8843. Thanks a lot once again.

[ajuboy79]

One more quick question. Does your response mean, that by deciding to file jointly, will force us to pay the SS and Medicare Tax that has not been withheld all of 2008 (while she was a grad assistant)? Thank you once again.

[AtlantaTaxExpert]

Email me at [email protected] and I will give you the exact sequence of events needed for you to file for 2007 and 2008 and STILL get the FICA tax redund for your wife. Do this even if you have already filed.