Lina,
Thanks for the guidance. I dig into it and read publication 519 and came to the conclusion that I'll have to file an extension first than I can do married filing jointly (Turbotax form 1040 - resident alien) after following these steps.
- IRS will consider myself and spouse as a resident alien for the whole 2019 year if I submit a statement to consider ourselves as a dual-status alien + choosing resident alien status.
- We'll be eligible to choose dual-status alien as I was on F-1 (01/01/19-09/30/19) and my spouse on F-2 and the status got changed to H1B (10/01/19-12/31/19) and spouse on H4.
- And, Choosing a resident alien clause has the following requirements which we could pass after passing the substantial presence test.
- You were a nonresident alien at the beginning of the year. (Yes we were)
- You are a resident alien or U.S. citizen at the end of the year. (Yes we are going to be after passing SPT - June 2nd, 2020)
- You are married to a U.S. citizen or resident alien at the end of the year. (Spouse will be resident after passing SPT)
- Your spouse joins you in making the choice. (We'll provide a statement for that)
Please advise whether I'm going in the right direction or not.
