If you are asking if you can e-file with TurboTax with your given situation, the answer would be No. You must paper file. You can still use the program to prepare all your tax forms. Because of your nonresidency status, your spouse would need to submit a statement to treat you as a resident. Please see here Nonresident to resident. You would then need to print out all the required tax forms including your Form 1040, attach to the statement and submit them together to IRS.
If you are asking if you can e-file with TurboTax with your given situation, the answer would be No. You must paper file. You can still use the program to prepare all your tax forms. Because of your nonresidency status, your spouse would need to submit a statement to treat you as a resident. Please see here Nonresident to resident. You would then need to print out all the required tax forms including your Form 1040, attach to the statement and submit them together to IRS.
Hi Lina, Thank you very much for your reply. Understood on the e-file and spouse statement. Couple of questions though: (1) I did not pay FICA for most of the 2018 tax year because of my nonresidency status. If I elect to be treated as resident, do I have to pay FICA for 2018? (2) Is there a way in TurboTax program to declare my nonresidency status and elect to be treated as resident, or do I just use the program as it is? Thank you very much for your time and help.
You can prepare your return with MFJ using TurboTax, Print the return, sign, date and add a request signed by both you and your spouse that you wish to be treated as a resident alien for the whole of 2018 -- mail the whole package to the IRS.
Generally, F-1 during OPT are exempt from paying the FICA but because you are changing your status, you would be required to pay for FICA --- but generally you do not go back and pay the FICA -- you should be OK ----
Namaste
Hey pk, Thank you very much for the reply. Very helpful. Just to clarify, I am still on F1 visa, got married in 2018 and my wife is US citizen. For the year 2018, I didn't pay FICA because of the non-resident status. If I elect to be treated as Resident for 2018 and file as Married Filing Jointly, is the IRS going to ask to me pay FICA?
No, you do not pay FICA. If your spouse makes an election to treat you as a resident, for Social Security and Medicare Tax Withholding purposes, you are still considered as a nonresident hence do not need to pay FICA.