Tax 2010 w7 question?

[immi8309]

Status Confusion, Married-separately or jointly ?
I still haven't filed my taxes
I got married in Aug 2010, my wife got visa in Oct 2010 and came to US on Feb 2011.
Should I file my taxes as married jointly or separately for 2010?

My status is H1B, since Sept 2010, prior to that I was on F1-OPT for all 2010 and part 2009.

Thanks.

[shervin143]

If your wife is also in work visa, then there are benefits in filing as "married filing jointly". Consult a tax consultant for more clarity.

[kabkaba]

It is purely a matter of choice based on maximum refund for residents.
If you were in F1 status (OPT) for more than half of 2010, you may have to file as non-resident. But since you were married in 2010 and if you are citizen of India, you can claim your wife as an exemption. Read instructions for form 1040NR and 8843. Also read IRS publication 519.

[immi8309]

thanks for the replies, my wife is on H4 and not working.

I did prepare 1040NR and 8843. Just 2 things- india treaty and exemption for 2.