Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year.
Yes, a nonresident alien students who, at the time of their arrival in the United States, intend to reside in the United States for longer than 1 year are subject to the 30 percent taxation on their U.S. source capital gains during any tax year in which they are present in the United States for 183 days or more, unless a tax treaty provides for a lesser rate of taxation. Please see IRS he Taxation of Capital Gains of Nonresident Alien Students for more details.
TurboTax does not support Form 1040NR for a non-resident. You can prepare your return through a company we partner with called Sprintax.
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