pk
Level 15
Level 15

Get your taxes done using TurboTax

@method1491 , from your post , should I assume :

(a) you are the person married to  the F-1 holder

(b) you yourself are a US person ( citizen/ GreenCard / Resident for tax purposes )

(c) F-1 holder is sponsored  for Green Card by you  and not by employer

(d) the F-1 holder is  still on "exempt" status  and therefore  a "Non-Resident Alien "

If all of the above are true  then F-1 person is  still  Non-resident alien but indeed can file  jointly with you / US person spouse  --- need to send a note to the IRS along with return, requesting  that you both agree to treat the F-1 person as a resident for the year ( thus exposing whole year world income to US taxes  )  

Note application for GreenCard   by itself does  not bestow resident status,  neither does the marriage by itself ---- these  just bolsters the intent to stay. For tax purposes, there are two tests --- Green Card and Substantial Presence Test.   The request to be treated as a resident is voluntary  and is granted based on facts and circumstances.

 

Does this answer your query ?  Do you need more help on this ?

pk