[ns83]

I filed my 2012 tax return as non resident alien (as I didn't meet SPT) as Married Filing Single in CA. My wife was on H4 visa in 2012.
In 2013 my wife got her H1B and is working in NJ.

1. Can I amend my 2012 Federal and State tax with my wife's SSN now and amend return as Married Filing Jointly?

2. How should we go for filing 2013 tax as we live in different states. Can we still file as Married filing Jointly for federal tax?

3. How should we go for 2013 State tax filing?

Thanks,

[AtlantaTaxExpert]

If you were in the U.S. for the month of December in 2012, you CAN amend the 2012 return to file a joint return. You will have to declare ALL world-wide income earned in 2012.

You can also file a joint federal return even though you are in separate states. It is a bit complicated, but not impossible.

I would need to know which states are involved to give sound advice.

If you need professional, email me at the email address in my profile.

[ns83]

Thanks for your reply Atlanta Tax Expert.

I'm currently in CA state and my wife works in NJ state. Is it possible?

[AtlantaTaxExpert]

Yes, it is very possible.

You both would file as part-year residents of the state in which you are working. Only the income earned in each respective state would be taxed, though BOTH salaries would be reported. This will cause the tax rate to be a bit higher than normal, but nothing extreme.