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Can US citizen married to an F-1 international student, file jointly in TurboTax?

I am a US citizen married to an F-1 international student. We married in October 2022. She (F-1 student) has SSN already as she came to the US via Au Pair program (babysitter). Now she's in college (the whole 2022) and she's not working. She earned $2,040 during her summer internship though (she got 1099-NEC form from them). 

I have two questions + one optional: 
1. Can we file jointly at all? 
2. If we can, can we use TurboTax for that?
3. (Option-based) If we can, should we file jointly? (I earn ~150k, so the difference between MFJ and MFS is pretty big, but I don't want to force it if IRS doesn't like it)
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1 Reply
MaryK4
Employee Tax Expert

Can US citizen married to an F-1 international student, file jointly in TurboTax?

Yes, you can elect to file a joint return.   If, at the end of your tax year, you are married and one spouse is a U.S. citizen and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes.

 

You can complete the return in TurboTax, but you will have to mail it in because you have to attach declarations.  See Nonresident Alien Spouse.

 

 

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