Can I file taxes as a resident alien and married file jointly ?

[nishchal91]

Hi , 
I was on F-1 visa from Sept 2016 until Oct 2020 and my visa changed to H1B from Oct 1 , 2020. My wife is on F-1 visa and last year , we filed taxes separately as Non resident aliens because Non residents can't file jointly. Can I file as resident alien this year ? Married file jointly or separately ? Any details on forms would be much appreciated. 

Thank you 

[ErnieS0 · Accepted solution]

File as nonresident aliens again. You do not meet the substantial presence test because all you F-1 days as considered “exempt.” You would begin counting days from October 1.

You meet the substantial presence test if you were physically present in the U.S. on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

You will have enough days next year to file as a resident alien. You can elect to file joint with your wife. See Nonresident Alien Spouse

Use Sprintax.com to prepare your taxes.

[nishchal91]

Thank you very much