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    jayeshvyas's Avatar
    jayeshvyas Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 6, 2009, 12:01 AM
    Residency status for US federal tax returns
    Hi,

    I am in USA since last 1.5 years, and am F1 visa. My wife also came to US with me 1.5 years back, and is on F-2 visa. But from Oct 1 2008 to Dec 31 2008, she was working and was on H1B visa. But for rest of her stay in US, she has been on F-2 visa and is currently also on F-2 visa.

    I want to know whether she should file her federal tax returns as resident or non-resident. According to the Substantial Presence Test (Substantial Presence Test), she is a non-resident. But her visa status on Dec 31 2008 is resident.

    I will appreciate any help/guidance in this matter.

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

    Apr 6, 2009, 09:19 AM

    She is nonresident. Only days on H1-B are exempt from residency but she did not complete SPT in 2008 and will not complete in 2009.
    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

    Jun 4, 2009, 11:26 AM
    Note that you could file jointly and you BOTH choose to be treated as resident aliens.
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