F1, marrying citizen in May. H1 from October. Can file tax as married?

[Imogen]

I am F1, marrying a citizen in May.
I will get H1 from employer in October.
Can I file tax jointly with spouse for year 2012?
Or not, because I am not Resident Alien yet, I must file Alien tax forms still?

Thank you!

 

[littleadv]

Yes. Non-resident spouse of a US resident can choose to file as resident. Do the math if its worth it. This of course is for the years during which you were actually married. IRS link here.

 

[Imogen]

Yes. Non-resident spouse of a US resident can choose to file as resident. Do the math if its worth it. This of course is for the years during which you were actually married. IRS link here.

Thanks. Resident gets the standard deductible, but nonresident doesn't pay SS & Medicare. Usually it's better for resident, depending on how many deductibles you have.

The page you link to says "CAUTION! If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers do not apply to you."

but this is not clear. Was I a 'dual-status' before marriage, or after? Do they mean that under this situation I will now be liable for SS & Medicare?