Can an F1 Student File Taxes Jointly with a Spouse on an F2 Visa Who Has an AOS EAD and SSN?

[Obapemi]

An international student on an F1 visa is seeking guidance on filing taxes in the United States. The student's spouse is on an F2 visa but has applied for Adjustment of Status (AOS) and received an Employment Authorization Document (EAD) and a Social Security Number (SSN). The student wants to know if they can file taxes jointly as a married couple under these circumstances, considering the visa statuses and the spouse's eligibility to work.

[DaveF1006]

To clarify, are you filing as a Resident Alien or are you still in your F1 exemption period?

@Obapemi 

[Obapemi]

I am still a non-resident alien but have an EAD through AOS

[DaveF1006]

It depends on if the spouse on the F2 visa is a US resident.  I notice they applied for the AOS but was the green card issued to them in 2024. If not, then you may not file jointly until either of you become a resident either through the substantial presence test or the green card test. You will need to file 1040 NR returns.

As F visa holders, each of you have a five-year exemption period where your FICA taxes are waived, providing if you provided form 8843 to exempt you from paying these taxes. If you didn't provide this form, you become resident aliens if you satisfy the substantial presence test. This period will start on either the first day you entered the US or the expiration of your five year exemption period.

As an FYI, Turbo Tax does not handle 1040 NR returns but our affiliate at Sprint Tax does.