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H1B file jointly with B1/2 spouse

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  • H1B file jointly with B1/2 spouse

    Hello.
    My situation is the following: I was on F1 student visa From August 2011 to October 2014. From October 2014 till now (Jan 2015) I'm on H1B. My husband was on F2 from Oct 2011 to Oct 2012, he is on B1/2 since Oct 2012. My husband works abroad and come to visit me in the US every other month. My questions:
    1. Can we file tax return jointly? I'm asking because according to IRS web-site F1 visa holders are not resident aliens first 5 years I've been on H1B for too short to meet substantial presence test.
    2. If yes - do we need to report my husband's income (since he is a 100% non resident alien and only US citizens and nresidents have to report their worl wide income)?
    3. Do file for his ITIN along with all the tax return docs or first we wait for ITIN and after that send the whole tax packet?
    4. If we report his incom, which currency exchange rate do we use - it has been changing throughout the year?


    Thank you

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