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    vantran's Avatar
    vantran Posts: 2, Reputation: 1
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    #1

    Feb 27, 2009, 07:38 PM
    1099 MISC for a non resident alien with J2 visa /Joint filing
    Hi, hope some one can help me with my tax filing. Thanks a lot.
    I am a non-resident alien under J2 visa; I have been living in the US for almost 2 year. I got the 1099 MISC form this year and am wondering whether my husband (student under J1 visa having W2 from) and I can file the joint tax return. If we cannot, I guess, we both have to file the 1040NR form. I am working at a wholesale store and get the per hour money. Is this 1099 MISC the right form for me? Can I deduct my insurance (which I have to buy on my own)? Or some of the expenses for the job (travel and apparel for the business show)?

    T.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Feb 28, 2009, 11:16 PM

    Your citizenship? When did your husband enter the U.S. on J1? Why was J1 given? Student, intern, Researcher, professor?
    Do you have SSN? Do you have work permit?

    Normally both of you will file separate return as nonresident during 2 years. Insurance is not deductible.
    vantran's Avatar
    vantran Posts: 2, Reputation: 1
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    #3

    Mar 1, 2009, 09:07 AM

    Thanks, MukatA. He was sort of exchange student so he got the J1. He has been living here since August, 2004 but I just came here August, 2007. We both are from Vietnam. I do have a SSN and a work permit. Is it Ok if we use 1040 for joint tax filing instead of 1040NR. There is no joint tax filing for 1040nr?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #4

    Mar 1, 2009, 10:11 AM

    If you are a student, you must file nonresident returns for 2004 to 2008.
    If you are an intern or trainee, you are resident and can file joint return as residents.
    Check your visa stamp.
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