f1 student, resident alien for 2021 and filling married jointly

[cspur90]

Hi,

I am on F1 visa status, I came to the US in 2016. So I qualify for filing as a resident alien for my 2021 tax return. I am married. My spouse was on F2 visa during 2021 and converted the status to F1 in December 2021. She got her SSN  in January 2022. Now both me and my spouse have SSNs. I am using TurboTax for my tax return and I am planning to use the married jointly filing status. Can you please help with following questions,

1. TurboTax recommends me using the standard deduction. Am I eligible for that?

2. We did not receive any stimulus payments. TurboTax applies the recovery rebate credit in my federal return. Am I eligible for the recovery rebate credit?

Thank You

[ErnieS0]

Yes. You are eligible for the standard deduction because you are resident filing a regular Form 1040. TurboTax will give you the better of the standard or itemized deductions.

You are eligible for the Recovery Rebate Credit because you are a US resident. You don't say whether your spouse is a resident or not.

Generally, if you were a U.S. citizen or U.S. resident alien in 2021, you were not a dependent of another taxpayer, and you either have a valid SSN or claim a dependent who has a valid SSN or ATIN, you are eligible to claim the 2021 Recovery Rebate Credit.  

You may also be eligible if you file a joint return with your spouse, you or your spouse were a U.S. citizen or U.S. resident alien in 2021, and either you, your spouse, or both of you, have a valid SSN or you claim a dependent who has a valid SSN or ATIN.

2021 Recovery Rebate Credit — Topic C: Eligibility for claiming a Recovery Rebate Credit on a 2021 t...

Your spouse would not be eligible if she was a nonresident filing as a resident. You have to be an actual resident.

[cspur90]

Thanks for the informative answer.

Can you further clarify what you mean by "Your spouse would not be eligible if she was a nonresident filing as a resident. You have to be an actual resident." 

My spouse was in F2 visa during 2021, but changed her status to F1 in December 2021. So she is a nonresident for tax purposes. But I am a resident for tax purposes. 

[ErnieS0]

Your spouse would have to qualify as a resident without the nonresident spouse election to be eligible for the Rebate Recovery Credit.

If she was on an F1 visa for the whole year – and had exempt status – then she would not be eligible for the rebate, even when filing a joint resident income tax return.

[cspur90]

thank you.

my spouse was on F2 visa during 2021 and changed her status to F1 by the end of 2021. she was not on a resident status because she came to the US in 2020.

If that is the case, I can not use the joint filing status right? because for joint filing status Turbotax automatically applies the rebate recovery credit for both of us. is there a way to avoid this and ask turbotax to only apply the credit for me only?

Or should I use the married filing separately status?

Thanks

[ErnieS0]

You can use TurboTax to file a joint return under the nonresident spouse election.

Tell TurboTax you received a $1,400 recovery rebate credit (even if you did not). This is the workaround because your wife does not qualify.

TurboTax will add your $1,400 rebate to your return.

• Type stimulus in Search in the upper right
• Click jump to stimulus
• Say No to It looks like you qualified for the stimulus, did you get any payments?
• Enter $1,400

[cspur90]

thanks for the answer.

My apologies for the endless questions.

your solutions seems to work. it reduced the credit to 1400. but I have to verify that I received $1400 with letter 6475 from IRS. obviously I did not receive any such letter.

I am wondering if this can cause any problems. 

should I consider filing separate?

FYI my spouse did not have an SSN in the year 2021. she got her SSN January 2022. Is there any requirement to have an SSN or ITIN "within the tax year" to file a joint return?

[ErnieS0]

No. You do not have to verify the stimulus amount with the IRS. They sent out the stimulus so they know whether they sent you a payment. If their records show no payment and your tax return shows you qualify, there will be no issue. Otherwise the IRS will adjust your return and send you a letter.

You can file joint as long as your spouse has an SSN at the time you file. Not having an SSN within the tax year may disqualify you from some tax credits for that year.

The IRS says: "If you, or your spouse if filing jointly, don't have an SSN (or ITIN) issued on or before the due date of your 2021 return (including extensions), you can't claim certain tax benefits on your original or an amended 2021 return."