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

    Jan 12, 2010, 11:59 AM
    Can I file returns jointly-h1b & h1b(wife)
    Hi,

    Can I file tax returns jointly (me on h1b Visa and Wife on h1b Visa).

    My Wife got h1b Visa in Oct 2009.

    Is it possible or we need to file separately.


    Thanks
    vaya's Avatar
    vaya Posts: 55, Reputation: 1
    Junior Member
    		  
    #2

    Jan 12, 2010, 03:16 PM

    When did you get your H1B?

    If you were a resident for income tax purposes, you can elect to treat your spouse as a resident and file a joint return. See U.S. Citizens and Resident Aliens Abroad - Nonresident Alien Spouse for details.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Jan 13, 2010, 01:21 AM

    Yes, you can file joint return. If you are resident in 2009, then you can file any time. Else, you must wait to file only after you meet substantial presence test in 2010. Your U.S. Tax Return: Substantial Presence Test
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