I'm on an F1 visa (non-resident). My husband is on an F1 visa (5 years, resident). Can we file as married jointly for FY24? If so, how? Are there tax benefits?

[hoanganhnguyenlu]

I'm on an F1 visa and have been in the U.S. for 3 years (non-resident alien). My husband is on an F1 visa and has been in the U.S. for over 5 years (resident alien). We've filed taxes separately until now.

Can we file as married filing jointly for FY24? If yes, what is the process (we both have SSNs)?
Are there financial benefits to filing jointly? Will we pay less tax?

[pk]

@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