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Can H1b and F1 file tax as Married filing jointly
I am on H1b from 2008. I got married in 2010 and my wife is on F1. Can we jointly file the tax and treating my wife as resident alien? If yes is there any additional document that I need to attach with tax filing and can I do a efile for federal tax return.
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Yes, you CAN file jointly.
No, you CANNOT efile, because, with the return, you have to attach a statement signed by your wife that she is the non-resident alien spouse of a resident alien and that she CHOOSES to be treated as a resident alien for all of 2010. Her filing jointly will NOT affeted her non-resident alien status. She will still be exempt from FICA taxes as long as she is under the F-1 visa; see second paragrph of the link below. http://www.irs.gov/businesses/small/international/article/0, id=96370,00.html |
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