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Hi,
I am on H1 from October 1, 2012. Before that I was on F1/OPT from Jan 1, 2012 to September 30, 2012. I got married in November 2012 and my wife(on H4) and I entered USA on 11th December 2012.
I do not pass the Substantial Presence Test for 2012 and hence cannot file as 'Married Filing Jointly'.
The option of waiting till June of 2013 and then filing( First year choice) is also not available to me as it requires both of the below conditions:
1) To be present in USA for 31 days continuously (I PASS this test)
2) I should be present in USA for 75% of the days. ( I FAIL this test) As I was away in my home country from 11th Nov to 11th Dec 2012. As a result I was in US only for 66% of the days.
Is there any way I can still file as resident alien and use the option of "Married Filing Jointly" ??
If not, then is there any that I can claim exemption for my wife , when I file as Non resident Alien ?
Thanks
I am on H1 from October 1, 2012. Before that I was on F1/OPT from Jan 1, 2012 to September 30, 2012. I got married in November 2012 and my wife(on H4) and I entered USA on 11th December 2012.
I do not pass the Substantial Presence Test for 2012 and hence cannot file as 'Married Filing Jointly'.
The option of waiting till June of 2013 and then filing( First year choice) is also not available to me as it requires both of the below conditions:
1) To be present in USA for 31 days continuously (I PASS this test)
2) I should be present in USA for 75% of the days. ( I FAIL this test) As I was away in my home country from 11th Nov to 11th Dec 2012. As a result I was in US only for 66% of the days.
Is there any way I can still file as resident alien and use the option of "Married Filing Jointly" ??
If not, then is there any that I can claim exemption for my wife , when I file as Non resident Alien ?
Thanks
