I am on h1b visa and my wife on j1 visa starting June 2017. Can we both file married jointly?

rahul4sharma — Mon, 03 Jun 2019 18:50:19 GMT

No - You cannot both file as married filing jointly on 2...

DS30 — Mon, 03 Jun 2019 18:50:20 GMT

No - You cannot both file as married filing jointly on 2 separate US income tax returns.

If you are considered a resident alien as of Dec 31, 2017, you can file jointly with your nonresident alien spouse for the 2017 tax year. Otherwise, you will need to file as married filing separately.

Your US filing status will be determined if you meet certain IRS tests - Green Card Test or the substantial presence test.

If you are a Nonresident Alien who will become a Resident Alien under the Substantial Presence test in the year following this taxable year, you may elect to be treated as a Dual Status Alien for this taxable year and a Resident Alien for the next taxable year if you meet certain tests. Refer to the First Year Choice area, under Dual-Status Aliens, of Chapter 1 in Publication 519, U.S. Tax Guide for Aliens.

Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes.

To include your Nonresident alien (NRA) spouse on your tax return, if your NRA spouse does not have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), you will need to apply for one. To apply for an ITIN, you would use Form W-7 and would need to attached your tax return to this form (see below). Please note, you will not qualify for the Earned Income Credit (EIC) without a valid Social Security number (not an ITIN) for yourself, your spouse (if filing jointly), and any qualifying children.

If filing as married filing jointly, your NRA spouse will be treated as a US resident alien for US tax purposes and all of your spouse's worldwide income in USD will be subject to being taxable as a US citizen or resident alien.

For any foreign income that was taxed in a foreign country that is also include on your US jointly filed return, you will be able to claim a Foreign Tax Credit on your US income tax return.

You will need to file for an ITIN on Form W-7 and will attach a copy of your return to this W-7 filing. You will also need to attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:

A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your 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.

Additionally you will need to mail your tax return along with your declaration statement, Form W-7 and supporting documents to the IRS. According to the IRS, because you are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You may also apply for an ITIN using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin.

topic I am on h1b visa and my wife on j1 visa starting June 2017. Can we both file married jointly? in Get your taxes done using TurboTax

I am on h1b visa and my wife on j1 visa starting June 2017. Can we both file married jointly?

No - You cannot both file as married filing jointly on 2...