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I was on H4 from 2012-15 & have filed as MFJ in the past. Then moved to F1 Visa (CPT) in 2016. I dont want to file jointly or share SSN with my hubby. What do I do

I was on H4 visa from 2012 to 2015 and during that period my husband has filed taxes jointly even though I didnt have an income. In 2016, I moved to F1 Visa and worked on CPT. I am no longer with my husband and dont want to file jointly with him or share my SSN with him. What is the right thing to do? Should I use 1040NR or can i file separately or as single? Please help

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I was on H4 from 2012-15 & have filed as MFJ in the past. Then moved to F1 Visa (CPT) in 2016. I dont want to file jointly or share SSN with my hubby. What do I do

First, since you switched to F1 in January thus having less than 30 days to count towards the substantial presence test, you are a non resident alien and would need to file form 2040NR or 2040NR-EZ plus from 8843 for your federal return. Turbotax does not support these forms.

Second, since you have an SSN, your previous ITIN is invalid. You need to provide your SSN to your spouse just as he needs to provide his to you. 

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3 Replies

I was on H4 from 2012-15 & have filed as MFJ in the past. Then moved to F1 Visa (CPT) in 2016. I dont want to file jointly or share SSN with my hubby. What do I do

when did you switch to F1 exactly? You have to give your husband your SSN just as he must provide his to you, so you can both enter it on your returns. You cannot file as single, if you are still married.  You can file married filing separately, but if you are a resident or nonresident would depend on when you switched to F1.

I was on H4 from 2012-15 & have filed as MFJ in the past. Then moved to F1 Visa (CPT) in 2016. I dont want to file jointly or share SSN with my hubby. What do I do

I switched to F1 on 18 Jan 2016. Is there any way I can avoid providing my SSN? Perhaps can he use ITIN that was used previously. I don't trust sharing SSN at all.

I was on H4 from 2012-15 & have filed as MFJ in the past. Then moved to F1 Visa (CPT) in 2016. I dont want to file jointly or share SSN with my hubby. What do I do

First, since you switched to F1 in January thus having less than 30 days to count towards the substantial presence test, you are a non resident alien and would need to file form 2040NR or 2040NR-EZ plus from 8843 for your federal return. Turbotax does not support these forms.

Second, since you have an SSN, your previous ITIN is invalid. You need to provide your SSN to your spouse just as he needs to provide his to you. 

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