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niinii
New Member

Filing Status

Hello, I am on F1 Visa and qualified to file as a resident alien for tax purposes. I have a wife and son who are on F2 visa. What would be the best way to file? Should I file as HOH and file form 8843 for my dependent separately or there is a way I can file as married filling jointly with form 8843? I am confused on what to do, your assistance will greatly help.

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1 Reply
pk
Level 15
Level 15

Filing Status

@niinii 

(a) when did you enter the USA with F-1 ?  When did your wife and child enter  with F-2?

(b) The form  8843 is ONLY for those students whom are confirming that they are still exempt  ( i.e. exempt from counting days present for SPT purposes ).

(c) If you have passed the SPT ( Substantial  Presence Test )  then you are a Resident for Tax purposes  --- you file a return on form 1040  ( not 1040-NR ) and are taxed on your world income.

(d) since your spouse and child are on a dependent visa ( F-2), their  tax status is same as yours i.e. if you are a Resident  for Tax Purposes , they are also Residents.

(e) If you are a resident, then  you are free to file a Married Filing Joint and include your child as a dependent.

(f)  Note that for  filing jointly, each must have a Tax ID --TIN   ( SSN / ITIN )

(g)  Which country are you from ?  How about your wife ?

 

Is there more I can do for you ?

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