Technically speaking, you are a nonresident in 2019 because you did not meet the Substantial Presence Test SPT. You are required to file a Form 1040-NR. However, the IRS allows you to have another option:
If you anticipate you will be staying in the US for at least 183 days in the year 2020 or meet the Substantial Presence Test SPT, you can make an election to treat yourself as a resident from October 2019, to file as a dual-alien alien. Please see FirstYearChoice- Residency Starting Date under the First-Year Choice.
If you meet the requirements, for the year 2019, you will be filing as a non-resident for the first 10 months and a resident for the rest of the year. To read more about dual status, click here: Dual status
In 2019, if your spouse is a nonresident as an F-1 visa holder, after you file as a dual-status, you can claim your spouse as a resident and file jointly on your 2019 tax return. To see how, click here: Nonresident to resident-
" This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year."
In other words, you can still file jointly on your 2019 eventually. You will just need to follow more complex processes and attach different documents and submit them along with your taxes to the IRS.
@xpy1992
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
