pk
Level 15
Level 15

Deductions & credits

@hoanganhnguyenlu , my understanding of the situation is  :

(a) One spouse with F-1 and still on  exemption status has been here for three calendar years , has been filing  1040-NR

(b) the other spouse  with F-1, has passed the SPT  ( Substantial Presence Test ) and is therefore a Resident for Tax purposes  ( for 2024 or 2023 ? ) and therefore can file a form 1040.

Therefore  and assuming the above assumptions are correct, the non-resident spouse can  request to be treated as a resident for tax purposes  based on being married to a Resident.

 

By filing a MFJ ( Married Filing Joint ), you have the benefit of larger standard deduction  ( and not itemized deduction usual for 1040-NR).

 

Does this help ?   Is there more I can do for you ?  Which country are you and your spouse from ?

 

pk