H1 with F1 spouse - Do I need to file amendment?

[Anonymous]

I have been in US on H1B visa since 2013. Got married in 2015 and my spouse moved to US as well on H4 visa. In July-2019, she changed her status to F1, to pursue master’s degree and has been on the same status since. We filed MFJ for both 2019 and 2020 tax years as resident aliens. I did not realize that F1 is exempted from the substantial presence test and hence probably should not have filed MFJ. She had income in 2020 and 2021 but not in 2019.

I checked, and she does pass the substantial presence test for 2019. My question is -  should I file an amendment for 2020 and/or 2019? And should we also file separately for 2021 tax year?

We also received stimulus in 2020 and 2021.

[MarilynG1]

You are correct that days in the US with an F1 visa don't count for the 'substantial presence' test.

You should probably Amend your 2019 and 2020 returns.

Click this link for Tax Tips for Resident and Non-Resident Aliens.

[Anonymous]

Thanks so much! I filed using TurboT ax for Tax Year 2019. I just amended the return. Do I need to print the entire return including schedule 1,3 b etc.? Or just 1040-X along with 1040 and Statement for publication 519 is enough. The IRS documentation only mentions 1040-X along with 1040 and Statement, hence the confusion.

[RobertB4444]

When filing an amended return you only need to submit the forms that have been changed by the changes submitted on form 1040X.  If the form or schedule was not affected you don't need to print it.

When in doubt, though, print it out.