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How to File If My Wife Was on a J1 Visa Part of Last Year and H1B Part of the Year
Here is my scenario, and I'm unsure of what to do.
I'm a US Citizen, and my wife is a French national who has been in the US since August 2017. We married in October of 2022. She has been filing her taxes as a non-resident in 2017-2021 while on her J1 Visa. Last year, her J1 expired in late June and she was granted an H1B visa in early August. Because she has been in the US more than 5 years, and last year was granted the H1B, can I file our taxes jointly with TurboTax and consider her a resident alien for the whole year? Or will she need to file part of the year with me from August - December and then January - July as a non-resident?
‎January 14, 2023
9:04 PM