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    xunoname's Avatar
    xunoname Posts: 4, Reputation: 1
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    #1

    Mar 31, 2009, 01:08 PM
    What is my wife's status? Married or single?
    Hello! Experts!
    My wife is a graduate student in SC holding F1 visa. (She came to US in August, 2008)
    I am holding F2 visa now. (I came to US in Jan, 2009)
    That is, we were living apart during the last few months of 2008.

    Now we are preparing her state tax return. There are several choice for her filing status:
    Single
    Married filing jointly
    Married filing separately
    Head of household

    Which one is correct?
    She is not single definitely. But if she choose "married", she need to provide my SSN on the form. However I don't have a SSN. In addition, I were not in the US for the whole year of 2008 and no tax. I guess I do not have to report anything about tax return this time, right?

    Rather confused! Your kind assistance will be greatly appreciated!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 31, 2009, 01:48 PM

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Her status is Married Nonresident Alien.

    On your income you will get deduction based on tax treaty between the U.S. and your country.
    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    xunoname's Avatar
    xunoname Posts: 4, Reputation: 1
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    #3

    Mar 31, 2009, 05:31 PM
    To MukatA:
    Thanks a lot! However, my concerns are:
    I was not in US in 2008, so I do not have to fill any tax return form, right?
    If she choose "married", she need to provide my SSN on the form.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 31, 2009, 05:40 PM

    Yes, you do not need to file.
    On nonresident tax return, she does not need your SSN or ITIN.
    xunoname's Avatar
    xunoname Posts: 4, Reputation: 1
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    #5

    Mar 31, 2009, 08:27 PM

    Thank you.
    Now I understand this question much better.
    Yes, she did choose "Married Nonresident Alien" on her FEDERAL tax return.
    However on her STATE tax return, there are several choices for her filing status:
    Single
    Married filing jointly
    Married filing separately
    Head of household
    As seen in the instruction, if she choose "married", she need to provide my SSN on the form.
    So I don't know which one she should choose on the state form.
    xunoname's Avatar
    xunoname Posts: 4, Reputation: 1
    New Member
    		  
    #6

    Apr 1, 2009, 09:20 PM

    Anyone here?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Jun 2, 2009, 09:52 AM
    For her SC return, she should have filed Married Filing Separately. She can enter your name and the letters "NRA" where your SSN would go.

    She would have to MAIL the SC tax return if filed this way.
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