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Juani
Level 1

Dual Status Married to Non-resident Alien Tax Return

I worked in the US with an F1 OPT from Jan 1 to Jun 2, 2019, then left the US and re-entered on Jun 23, 2019 to continue working with an H1B visa. In July 30, 2019 I married a non resident alien who is studying in the US with an F-1 Since May 2016. 

 

Can I choose to file as a resident alien "married filing jointly" even though my wife is a non-resident alien? If yes, what are the steps I should take? Does TurboTax or Sprintax work for this situation?

1 Best answer

Accepted Solutions
KarenJ2
Expert Alumni

Dual Status Married to Non-resident Alien Tax Return

If you were in the US for at least 183 days in 2019, then you and your wife can elect to file a married filing jointly 1040 in TurboTax.  You will both need to declare your world-wide income.

 

You will need to attach a statement to the back of your return declaring your choice to file married filing jointly.  That means when you complete your return in TurboTax, you will need to print, add a statement and mail your return.  You will not be able to e-file.

 

Please see page 9 of Publication 519 on Nonresident Spouse Treated as a Resident for more information on the statement to attach.

 

IRS Publication 519 US Tax Guide for Aliens

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1 Reply
KarenJ2
Expert Alumni

Dual Status Married to Non-resident Alien Tax Return

If you were in the US for at least 183 days in 2019, then you and your wife can elect to file a married filing jointly 1040 in TurboTax.  You will both need to declare your world-wide income.

 

You will need to attach a statement to the back of your return declaring your choice to file married filing jointly.  That means when you complete your return in TurboTax, you will need to print, add a statement and mail your return.  You will not be able to e-file.

 

Please see page 9 of Publication 519 on Nonresident Spouse Treated as a Resident for more information on the statement to attach.

 

IRS Publication 519 US Tax Guide for Aliens

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

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