[engrapplier]

Hi,

I guess I'm running into my most dynamic year in terms of tax filing and would appreciate input here~

Here is info about myself and my fiancée (and wife from summer 2010)
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I have been on F1 visa since first arrival in the US in Aug 2005. My fiancée has been on F1 since Aug 2006. We both expect to be students on F1 for the whole 2010 also.

My fiancée and I will get marriage certificate outside of the US in May 2010 (does this become effective immediately for US tax purposes ?)

===
I understand it is desirable to file jointly for 2010 tax return. My
questions are

1) Is it doable and worthwhile for both of us to file extension for 2009 tax, take my first year choice and file 2009 tax jointly as resident ?

1b) If filing jointly for 2009 is not an option as we'll get married in summer 2010, shall I and can I file extension and file as resident myself in summer 2010?

2) As a federal tax resident, do I need to report foreign income?

3) Is it true that in terms of state tax, as long as considered as state non-resident, there is no change owing to federal state resident status ?


Thanks!

[MukatA]

For 2009, you must file nonresident tax return and Form 8843.

[engrapplier]

Thanks, MukatA.
So just a brief follow-up:
1)No
1b) No
2) Yes
3) Correct (I think)

For 2010 tax, shall we just file jointly as tax resident? (I'm tax resident for the whole 2010, and my fiancée is NR for the whole 2010. We are getting married outside of the U.S. in May 2010.)

How do we prove the marriage, or do we just claim it in the tax forms?

Thanks.

[MukatA]

You are not married in 2009 so you can not file joint return.

[engrapplier]

Thanks, MukatA,

For 2010 tax, shall we just file jointly as tax resident? (I'm tax resident for the whole 2010, and my fiancée is NR for the whole 2010. We are getting married outside of the U.S. in May 2010.)

How do we prove the marriage, or do we just claim it in the tax forms?

[AtlantaTaxExpert]

For 2010, you DO have the option of filing jointly, with your wife CHOOSING to be treated as a resident alien.

Attach a copy of your marriage certificate to the tax return to show proof of your marital status.