[ivanj]

Hi, my name is Ivanjull and I would like to get clear about the type of tax to be filed this 2011, if I and my family changed visas this past 2011. Now we have a G4 visa (non-residents) in US.

I came into USA in 1999 as a tourist and overstaid. All these years I filled my taxes with ITIN number from 1999 to 2010. In 2006 I got married and filed my taxes together with my wife (with SSN) and son (with SSN-UScitizen).
My wife came into USA in 2005 as a student with F1 visa. In 2008 she changed her status to H1-B visa and then this past June 2011 she changed her status to G4 visa working for an International Organization. I also got a G4 visa this September 2011.

My wife worked with tax witholding from January to May,and she received a W2 form, then worked with a non-taxable income in this international company. I just worked for some months at the beginning of the year, and received a 1099 Form(cash).

Now, my question is the following: For this Tax season 2011,should we file taxes with 1040 form as married filing jointly as usual? Including the w2, and 1099 forms? Or should we file a non-resident tax 1040NR? Thank you very much helping us clarifying, any guide or suggestion would be appreciated.

[AtlantaTaxExpert]

In my opinion, filing jointly is NOT an option.

You both need to file dual-status returns, filing BOTH Forms 1040 as a dual-status statement and Form 1040NR as the controlling document.

You will also file Schedules C and SE for the 1099 income. You can claim your child and (I believe) be allowed to claim the $1,000 Child Tax Credit.

This is ALL off the top of my head without doing ANY research. I would need to be compensated to do the extensive research needed to determine the BEST way to file.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.