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    EiMaHa's Avatar
    EiMaHa Posts: 8, Reputation: 2
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    #1

    Mar 11, 2007, 08:24 PM
    L-1 Visa Married to US Citizen
    My spouse entered the US 10/24/05 as a L-1 Visa holder (filed 1040NR for 2005) and having remained in the US since then, we were married 11/1/06. I am a US born citizen with a dependent child - my spouse has no income outside of the US at this time.

    Can we file our taxes on form 1040 Married Filing Jointly and claim all of what have been 'normal' deductions for me in the past? [ie. Mortgage interest, dependents (I do not work), etc.]

    Looking at Pub. 519 I think we can file a 1040 MFJ along with a statement stating that he is choosing to be taxed as a resident. I am looking for confirmation that I am correct in this understanding. :confused:
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 12, 2007, 11:08 AM
    Yes, you can file Form 1040, online if you want.

    Your spouse qualifies to file as a resident alien, so NO STATEMENT is required.
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