Filing Taxes - Married but still nonresident

I

ItsMe123

New Member
Hello,

My husband (US cititzen) and I are trying to figure out how to best file taxes for 2008.

We got married at the end of 2008 (I am in the process of adjusting my status to permanent resident right now - but haven't filed all the paperwork yet). I worked throughout 2008 in the US and had a nonimmigrant visa (Optional Practical Training F-1 Student Visa).

Would it be possible to file jointly (even though I was a nonimmigrant) - if so which form would we need?

OR

Do I need to file 1040NR, while he files 1040 (filing married but seperate).

I would appreciate your help and/ or resources on the web where I could find answers!

THANK YOU!!
 
Your US citizen husband is required by law to file taxes as a US resident. You should use the regular 1040 and file jointly since you are considered a resident for tax purpose.
 
NKM... thanks for your fast response :). Could you explain why I would be a resident for tax purposes? I thought since I do not have a greencard yet and am officially here on a F-1 Student Visa I'm still considered to be a Non-Resident (thus wouldn't be allowed to file the regular 1040)!?
 
Just answered my own question. Found out that under Publication 519 a non-resident spouse of a US citizen can choose to be treated as a US resident for tax purposes!

Thanks for pointing me in the right direction NKM :)
 
If you live in the US for more than 6 months in any year (under any kind of visa) you are considered a resident for tax purposes. If you have a green card or are a US citizen you are considered a US resident even if you don't spend a single day in US.
 
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