Am I considered Resident Alien? I’m on an H1B visa, residing in the USA since January 2020? Can my husband file with me? he is on F1 and in US since June 2022?

[riya0018-rm]

I need guidance on our tax filing status. My husband and I recently married and want to ensure compliance. I’m on an H1B visa, residing in the USA since January 2020. My husband is on an F1 visa, residing in the USA since July 2022. We previously filed taxes individually through Sprintax. We’re considering using TurboTax, which supports Form 1040 for resident aliens. I have a few questions: Am I considered a resident alien for tax purposes? Should I file Form 1040 or 1040-NR? Can we file jointly using Form 1040, or should we continue filing separately? Thank you!

[pk]

@riya0018-rm , need to understand the situation before  one can safely / correctly  answer your questions.   My questions / comments are in  italics below

My husband and I recently married and want to ensure compliance.

When exactly did you get married  ?  Was it in the USA or in a different country  ( generally US will recognize marriage completed under the laws of most countries ) ?

I’m on an H1B visa, residing in the USA since January 2020. My husband is on an F1 visa, residing in the USA since July 2022.

When  was your status change effected ?   Were you  transitioned / status changed from F-1 to H1-B ?  Which country are you from ? 

When you say Jan  2020 -- do you mean your H-1B was effected  in Jan 2020,  or that you met SDPT in Jan 2020 or that you entered the country with visa  ( F-1) in Jan 2020 ?

When did your spouse  enter the country with F-1 ?  Which country is he from ?

We previously filed taxes individually through Sprintax.

Did you file 2020 / 2021/ 2022 and 2023 with SprinTax or what ?  And if so why  ( if your H-1B was effective from 2020 ?  I am missing something here .  Or did you mean that your spouse used  SprinTax during those years ?

We’re considering using TurboTax, which supports Form 1040 for resident aliens. I have a few questions: Am I considered a resident alien for tax purposes? Should I file Form 1040 or 1040-NR? Can we file jointly using Form 1040, or should we continue filing separately? 

These last few questions should become answerable ONLY after you answer my questions above --yes ?

I will circle back once I hear from you 

pk

[riya0018-rm]

Hi pk, thanks for replying.

My husband and I recently married and want to ensure compliance.

When exactly did you get married  ?  Was it in the USA or in a different country  ( generally US will recognize marriage completed under the laws of most countries ) ? -- Married in India, in  mid 2024.

I’m on an H1B visa, residing in the USA since January 2020. My husband is on an F1 visa, residing in the USA since July 2022.

When  was your status change effected ?   Were you  transitioned / status changed from F-1 to H1-B ?  Which country are you from ? 

When you say Jan  2020 -- do you mean your H-1B was effected  in Jan 2020,  or that you met SDPT in Jan 2020 or that you entered the country with visa  ( F-1) in Jan 2020 ?

When did your spouse  enter the country with F-1 ?  Which country is he from ?

-- I was on F1 from 2020 till 2023, changed from F1 to H1 end of 2023. Entered US on F1 visa.

-- My husband entered US in mid 2022 on F1 and he is still on F1

We both are from India

We previously filed taxes individually through Sprintax.

Did you file 2020 / 2021/ 2022 and 2023 with SprinTax or what ?  And if so why  ( if your H-1B was effective from 2020 ?  I am missing something here .  Or did you mean that your spouse used  SprinTax during those years ?

-- Since I was on F1 till 2023 I filed using Sprintax and so did my husband

We’re considering using TurboTax, which supports Form 1040 for resident aliens. I have a few questions: Am I considered a resident alien for tax purposes? Should I file Form 1040 or 1040-NR? Can we file jointly using Form 1040, or should we continue filing separately? 

These last few questions should become answerable ONLY after you answer my questions above --yes ?

I will circle back once I hear from you 

pk

Sunday

[pk]

@riya0018-rm ,  Namaste riya ji.  Thank you for your responses to my questions.

1. Since your status change was affected in 2023  ( F1 to H-1 ), for the tax year 2024, you are a Resident for Tax purposes  ( having passed SPT sometime in early 2024 ( depending on the exact date of adjustment ).   See this  -->  Residency starting and ending dates | Internal Revenue Service

2. Since your spouse is on F-1 and entered the US in 2022, he is still an exempt person ( i.e. exempt from counting days present towards SPT). And thus he would normally file a form 1040-NR  -- married .

3. For the standard deduction benefit only ( under current law ), since you are a resident and he is married to you, you  two can file MFJ, thus exposing his world income to US taxes.  Since he is a student, there is probably no  foreign income to consider .  

4.  For MFJ, you have to file by mail, include his income and  send in a request signed by both you and him that you both would like him to be treated as a resident for tax purposes .  This is generally called a section 6013(g) election.

 Is there more I can do for you ?