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    jl529's Avatar
    jl529 Posts: 1, Reputation: 1
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    #1

    Apr 10, 2007, 05:45 AM
    Dual status alien files jointly?
    Hi,

    I came to USA as F2 visa in April of 2006. Then I found a job and changed to H1b visa in September of 2006. I read the pub. 519. It seems I can claim first year chioce and file 1040 as resident alien for the part of year 2006. My husband is F1 student, who has W-2 from school. Could we file 1040 jointly?

    I asked HR block. They don't know nonresident tax return. So I am expecting your reply.

    Thanks

    jl529
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 18, 2007, 08:32 AM
    You can file jointly with your husband and you BOTH choose to be treated as resident aliens for ALL of 2006.

    However, in doing so, your husband will be considered a resident alien from here on, and WILL be liable for Medicare and Social Security taxes if he should get employment while on CPT or OPT.
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