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posted Feb 7, 2024 8:44:45 AM

i am h2b visa workeed in usa more than 183 days, can i file married?

i am h2b visa workeed in usa more than 183 days, can i file married?

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1 Replies
Expert Alumni
Feb 7, 2024 8:56:19 AM

Yes.

 

You have passed the Substantial Presence Test for 2023 and are considered a resident alien.

 

If you are married, you can file jointly with your spouse.

 

If your spouse is a nonresident alien, you can choose to treat the nonresident spouse as a US resident for tax purposes.

 

See this IRS document.