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    danishq80's Avatar
    danishq80 Posts: 4, Reputation: 1
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    #1

    Apr 2, 2013, 06:32 PM
    F1 Visa : Status of filing - single or married?
    Hello,
    I am on OPT-STEM and my wife lives with me and is on F2 visa. She doesn't work and doesn't even has a SSN. How do I file my tax? Single or married?

    I have been in US since November 2009.

    My net income is less than $100K - can I file with 1040NR-EZ? Or do I have to file 1040NR?

    Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 4, 2013, 11:26 AM
    The key is your home country, which is..?
    danishq80's Avatar
    danishq80 Posts: 4, Reputation: 1
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    #3

    Apr 4, 2013, 02:47 PM
    Pakistan
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Apr 4, 2013, 04:12 PM
    Then you CANNOT claim her in any way on the tax return, which will probably be Form 1040NR-EZ and Form 8843.
    danishq80's Avatar
    danishq80 Posts: 4, Reputation: 1
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    #5

    Apr 5, 2013, 04:39 PM
    Thank you for replying man. But I am still kind of confused.

    Does it mean I should file 1040NR-EZ? - and I should file as single or married filing separately?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Apr 5, 2013, 09:51 PM
    You can file Form 1040NR or 1040NR-EZ, filing as SINGLE or MARRIED.

    If you file MARRIED, you are taxed at MARRIED FILING SEPARATE rates, but that is usually the same as SINGLE.
    danishq80's Avatar
    danishq80 Posts: 4, Reputation: 1
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    #7

    Apr 12, 2013, 05:05 PM
    Thank you for replying. I have one last question to ask.

    I am filing this 1040NR-EZ -- and It has a question

    Have you ever applied to be a green card holder <<

    What should I answer it as ? Yes/No? -- My company has obtained my prevailing wages and plan to apply for my labor at the end of April 2013. Does this mean my green card process has started or that starts after the labor has been applied.

    I came in US in October 2009 and so I am not here for five years though.

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