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    chacha_india's Avatar
    chacha_india Posts: 2, Reputation: 1
    New Member

    Jun 19, 2012, 11:15 AM
    OPT + H1B (MARRIED) which form to fill
    I was on OPT for 9months and 3 months on H1B, and I am married. I had applied for W7 for my wife last year... which forms should I fill?
    1040NR or 1040?
    Please help...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,753, Reputation: 846
    Senior Tax Expert

    Jun 19, 2012, 11:28 AM
    If it is your intent to file jointly with your wife and you BOTH choose to be treated as resident aliens, then you must file Form 1040. You have waited long enough to meet the Substantial Presence Test, so you need to file:

    - Form 1040 filing JOINTLY (both you and your wife must sign the Form)
    - Form W-7 with a notarized photocopy of her passport. The notarization can be done at any local bank (except in California, where you will need to get the photocpy certifed at the local IRS office). Your WIFE signs the Form W-7.
    - Residency Choice Statement. This is a statement that you and your wife qualify to file jointly and that you both CHOOSE to be treated as resident aliens for all of 2011.

    These forms MUST be mailed to the ITIN Processing Center in Austin, Texas. The full address is in the instructions for the Form W-7.

    The filing of the state return, if applicable, must wait until your wife gets her ITIN.

    If you want my professional help in this process, email me at the email address in my profile (if it is NOT visible on this page).
    chacha_india's Avatar
    chacha_india Posts: 2, Reputation: 1
    New Member

    Jun 19, 2012, 11:47 AM
    Hello... I already have filed for form W7 for my wife last year. I have her ITIN number with me.
    I came to US in August 2007 and was on F1 until Oct 2011. My wife joined me in Dec 2010...
    Should I still file 1040 and not 1040NR?
    Bdw, I am getting a refund if I file 1040 and I owe if I fill 1040NR... that's why...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,753, Reputation: 846
    Senior Tax Expert

    Jun 19, 2012, 12:08 PM
    Then your filing has become MUCH easier because all you need do is insert her ITIN where her SSN would go.

    You can now EFILE the joint return (Form 1040).

    The Residency Choice Statement is STILL required, but that can be mailed after the efile by sending Form 8453 with the statement, and mailing it to the address for Form 8453 submissions.

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