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Filing status for a U.S citizen married to F-1 student

My husband is a US Citizen and I'm on F1-OPT. We were married in June 2021 and started living together since the beginning of 2022. He lives and works in New Jersey whereas I was with my family in Dallas, TX and working there until end of 2021. We are planning to file our taxes this year but since my W2 form shows Texas and his shows New Jersey, what's the best way to file our taxes this year. 

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3 Replies
RobertB4444
Employee Tax Expert

Filing status for a U.S citizen married to F-1 student

Your best filing status is married filing joint provided you have obtained an ITIN (which I assume you have since you have a W2). 

 

Since you maintained separate residences you can file your New Jersey return with your husband as a resident and you as a non-resident so that New Jersey doesn't tax your income.

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Filing status for a U.S citizen married to F-1 student

Does turbo tax supports the option to allow my husband to file me as a non-resident?

MarilynG1
Employee Tax Expert

Filing status for a U.S citizen married to F-1 student

Since you didn't live in New Jersey at all (or earn income there) it may be best if your husband files as Married Filing Separate for New Jersey.

 

You may want to use TurboTax Desktop to do this, or open a new TurboTax Online account for your husband to file his income only in New Jersey. 

 

Click this link for more info on Filing Separate States

 

 

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