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EU citizen, married to US spouse, was on an F1 visa and filed US tax returns 2010-15, left US, 2018 back on H1B visa. Can I file as resident status married separately?
EU citizen
2010: entered US as F1 student
2014: got married to US spouse, filed first joint tax return
2015: second joint tax return, left US to live&work in Europe
2016/17: life in Europe
2018: entered US on non-resident H1B visa
Question: I know we could file a joint 1040 but can we also both file separate 1040, or would I have non-resident status for tax purposes in that case and have to file 1040-NR (i.e. no standard deduction). The reason I ask is because after five years as F1 student, one can automatically file as resident for tax purposes and I filed 6 years as a student.
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‎June 4, 2019
4:00 PM