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    cincy2011's Avatar
    cincy2011 Posts: 1, Reputation: 1
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    #1

    Feb 15, 2011, 09:30 PM
    Filed 1040NR for wife but now want to file jointly for same tax year.
    She was on a J1 till 8/2010 then we married. She filed her 1040NR in 1/2011 and it was already accepted. Now I wanted to file jointly but she SSN shows that she already filed. What else can we do to file or amend jointly?
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #2

    Mar 14, 2011, 05:12 PM
    Your wife will need to amend her return and change to married filing jointly.
    Since she was a non-resident alien in 2010 you can only file jointly if you yourself are a US citizen/permanent resident/resident alien and you attach a statement to your return making the choice to treat your wife as a resident alien for 2010.
    http://www.irs.gov/businesses/small/international/article/0, id=96734,00.html
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