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    Ram Bala's Avatar
    Ram Bala Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 27, 2009, 10:40 PM
    Self on F-1, spouse F2 -> F1. Any special form
    I am a non-resident alien from India and so is my spouse. I was on F-1 visa for the whole of 2008. My spouse was on F-2 from Jan 2008 - July 2008. Then she converted to F-1 visa and has remained so from August 2008 - Dec 2008.

    1. Can I claim some tax exemptions by filling any forms based on my spouse's presence partly in F-2 visa ?

    2. Can I file 1040-NR jointly with my spouse (as she was my dependent for major part of 2008)?

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

    Mar 1, 2009, 02:01 AM

    As per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. You can also claim exemption for your spouse if she did not have any income in 2008. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 24, 2009, 01:40 PM
    You CANNOT file Form 1040NR jointly; you can only your spouse asa dependent if she has NO U.S.-sourced income.
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