[adonisjev]

Hi,

I have found this forum really helpful so far. I need some help figuring out my Taxes for this year and correcting my mistakes of last year.

1). I and my wife both were on F1 visa in year 2007. However, by mistake I filed my taxes on TurboTax as married filing jointly (1040 EZ). I got refund of $xxx. Now I realized that I was supposed to file 1040 NR EZ. I saw many answers regarding this question (e.g. file 1040X), but my situation is unique since I filled my tax return with my wife (as married filing jointly) while both of us were non-resident alien (F1 visa). What should I do now?

2). My visa status changes to H1 (on Oct 1 2008) and my wife is still on F1. I don't qualify for SPT. So should I file 1040 NR again? I couldn't find any option for Married Filing jointly on 1040 NR. Please advise.

Thanks a lot in advance for your help.

[MukatA]

1. For 2007, both need to amend the tax returns.
2. For 2008, you can file joint return as residents. File return only after you complete SPT in 2009. Read about F1-H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

[IntlTax]

When you file Form 1040X (and 1040NR) for 2007, include a note explaining your mistake and that your wife was not required to file at all (except for Form 8843 - which she should file for 2007). As MukatA points out, you can (and probably should) file jointly electing to be residents for all of 2008.

[adonisjev]

Thanks a lot MukatA and IntlTax for your responses.
I should have mentioned earlier that while on F1, my wife also had income (as she was graduate assistant) in 2007 & 2008. So I believe, I need to file 1040X (2007) for both of us. And declare both of us residents for year 2008. However, do I have to pay FICA since I was on OPT till OCT 08?

I really appreciate your help.

Thanks.

[AtlantaTaxExpert]

As a F-1 student, you are NOT liable for FICA taxes.