Get your taxes done using TurboTax
In your original post you had stated that you are in the 5 year of your F1 visa. F-1 visa holders are not considered residents until their 6th calendar year in the United States. At that point, the Substantial Presence Test would need to be met to be considered a resident. Please see IRS Alien Residency Examples for additional information. Therefore, you need to file Form 1040NR which doesn't allow you file jointly. You will have to use Sprintax.
If you are already in your 6th year and met the Substantial Presence Test then you can file Form 1040 and choose to treat your spouse as a resident for tax purposes (if she hasn't met the Substantial Presence Test herself since she is also exempt for 5 years on the F2 visa).
Please be aware, that each spouse must report his or her entire worldwide income for the year you make the choice and for all later years, unless the choice is ended or suspended.
To make the choice attach a statement to your paper return (you can't e-file), signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
- A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
- The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)
Please see IRS Nonresident Alien Spouse for more details.
You will need to apply for an Individual Taxpayer Identification Number (ITIN) for your spouse. Please see How do I apply for an ITIN?
If you both are in your 6th year or later and have met the Substantial Presence Test then all you have to do is apply for the ITIN for your spouse.
