Filing jointly with a H1b visa status owner

[vinodr777]

I am a US Citizen and my wife is a current H1b visa status owner. We got married August 2021. Hope this question, might help others in a similar situation.

She was initially on an F1 visa from June 2017 until October 2020, which is when she got her status adjustment to H1B. For her 2020 taxes, because F1 time is exempt from the test, she did not pass the substantial presence test and so could not use turbo tax.

Since she stayed in the USA all of 2021, am I right that she now passes the substantial presence test and can be considered a resident alien. Can she use turbo tax and can we file jointly?

If we can now use turbo tax to file jointly together, is there anything specific that needs to be filled out about her immigration status now that she is a resident alien?

[FangxiaL · Accepted solution]

Yes, you are correct that your wife has met the substantial presence test for 2021. She can use TurboTax to file a regular resident return or file jointly with you. You don't need to fill out any forms about her immigration status for income tax purposes. If she has foreign bank accounts or assets, she might be required to file Form 8938 with the return.  

Substantial Presence Test.

Form 8938 and FBAR Requirements.

[vinodr777]

Thank you @FangxiaL !