[greencard_fever]

Hello,
Can I file 2010 tax return under "joint married" status as I'm a resident (on H1B visa)for tax purpose (and my wife (on F1 visa) can be too since I am a resident) and still claim exemption from FICA (social and medicare) taxes. Her employer has not withheld FICA taxes. So can I file as Married filing jointly? If not then what are my options?

Note that my wife came to USA on H4 in 2008, so we filed as resident MFJ for 2008. In 2009 she converted to F1 and worked on campus parttime, so we filed as resident MFJ. In 2010 she did a fulltime internship but her employer did not deduct FICA taxes.

I would appreciate any help on this topic.

Thanks

[AtlantaTaxExpert]

You CAN file jointly with your wife and she will STILL retain her F-1 visa privileges of NOT having to pay FICA taxes.

This is specified in the second paragraph at the link below from the IRS:

http://www.irs.gov/businesses/small/international/article/0, id=96370,00.html