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I am on H1B visa from April 2016 while my wife was on F1. She got her H1B stamped in Oct 2018. So does this figures in the tax returns for 2018?

 
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KarenJ
Intuit Alumni

I am on H1B visa from April 2016 while my wife was on F1. She got her H1B stamped in Oct 2018. So does this figures in the tax returns for 2018?

Assuming she was on an F1 visa for less than 5 years or part years, she would start counting her days of presence in the US in October 2018.  She will not be a resident in 2018 as she will be in the US less than 183 nonexempt days.

If you have not already made an election to file a joint tax return with your nonresident wife, you can do so with your 2018 jointly filed return.  See below on how to make this election.

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year. If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

How To Make the Choice: Attach a statement, 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 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.

You will need to print your return in TurboTax.  You cannot e-file.  Attach the statement you made to you tax return before mailing.
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