It depends on whether you are filing as a resident or nonresident alien to get your refund.
Nonresidents
Nonresident aliens are persons who are not in the US long enough to meet the substantial presence test.
Generally you will file as married filing separately. You cannot file as single if you are married, even if you were married in your country of origin.
Resident
Resident aliens can file as married filing separately, married filing jointly or head of household if you have qualifying children.
- You can file separately and include only your income.
- You can file jointly and elect to treat your spouse as a US resident for tax purposes. Both your incomes will be counted for US tax. See Nonresident Spouse.
- Head of household if you have a child who is a US citizen/national/resident or a resident of Canada or Mexico.
TurboTax only prepares tax returns for US citizens and residents. If you need to file a nonresident return, our partner Sprintax.com can help.
For more info see their blog: H2B workers and taxes – all you need to know
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