[skaterboi]

Hi

I have a slightly similar question to one of the earlier threads regarding a person (me) on F1 (male) marrying a person on H1-B (female) and then wishing to fill taxes jointly.

I am on F1 visa and my would be wife works on H1-B. We wish to register our marriage sometime in 2009 (in US) so that we can fill the taxes in April 2010. I wanted to know a few things and will appreciate pointers which can help.

1. Can she fill the tax return as married filling jointly (with me) next year? If so then is it better in terms of getting better return? Or should we apply for tax return in Married filling separately mode?

2. Is there a minimum no. of months period before she can claim tax deductions as being married or she can be married on last day of 2009 and yet fill the 2009 return as Married?

Also, I wanted to know, since I earn a scholarship and am eligibile for major return since my income is pretty marginal, can my wife register taxes with me as DEPENDENT? Also is this all to be done in NON RESIDENT ALIENT mode or RESIDENT mode. (We will both be in US for more than 1.5 years in April 2010)

Thank you!!

[AtlantaTaxExpert]

First, you do not "register" your marriage. If you got married in your home country or in any other country, then you are married, PERIOD!

1 & 2) If you and your spouse are married on 31 December 2009, then you are considered to be married for the entire year. Hence, she can file jointly with you or file Married Filing Separately.

If you file by yourself for 2009, then you will file as a Married Non-Resident Alien, filing Form 1040NR or 1040NR-EZ. For 2010, you can file as a resident.