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    raina's Avatar
    raina Posts: 8, Reputation: 1
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    #1

    Mar 6, 2007, 07:25 AM
    Dual status.
    My husband and I are from South Korea.
    My husband has worked for University since Sep.01.2004. We have J1 and J2 visa. (entered U.S. Aug.11.2004 )
    I never worked in U.S.
    I think that he should report 1040NR (Jan ~Aug) and 1040A (Sep ~Dec)because his case is dual status. He should report a 1040NR (Jan~Aug), 1040A (Sep.~Dec),W2,8833 with letter(including reasons about 1042-S). Is it right?
    Also, I read IRS information which dual status report can't accept a married jointly and cannot claim standard deduction.
    When my husband can't claim any deduction and dependents?
    I didn't have any income last year and I traveled Korea from Dec. 26.2006 to Jan. 8. 2007. I didn't stay in U.S. on Dec.31. How could I report my tax? Do I need to report? Should I only sent form 8843
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 7, 2007, 09:53 PM
    Your husband is still a non-resident alien for tax purposes. He will file as a resident alien for 2007.

    Because he is from South Korea, your husband CAN claim you as a dependent even though he is filing as a non-resident alien. If he did not claim you in 2004 or 2005, he should amend his tax returns for those years.
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