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Level 2
posted May 13, 2021 9:18:46 AM

Hi I was a J1 student and I paper filed my taxes before. I am now married to a US Citizen and my husband and I decided to file jointly. Does turbo tax have this option?

Hi I was a J1 student (non resident alien) and I paper filed my taxes in the past three years. I just recently married to a US Citizen and my husband and I decided to file jointly. Does turbo tax have option for non resident alien to file jointly with a US Citizen spouse? What documents are required? What is the best TurboTax option/ fee to file jointly ? Thanks

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3 Replies
Expert Alumni
May 13, 2021 9:38:51 AM

Yes, you can choose to treat the nonresident as a U.S. resident and file a joint tax return. Please be aware, that each spouse must report his or her entire worldwide income for the year you make the choice and for all later years, unless the choice is ended or suspended.

 

To make the choice attach a statement to your paper return (you can't e-file), signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Please see IRS Nonresident Alien Spouse for more details.

Level 2
May 13, 2021 11:11:48 AM

Hi my friend who was also a non-resident alien married to US Citizen filed jointly stated that I can electronically file with turbotax as I am here long enough and filed taxes for 3 years before. Please advice on this. 

Expert Alumni
May 13, 2021 11:25:49 AM

Generally, as a J-1 visa holder, you are considered as a nonresident for two years from the first year you enter the US. Since you are longer than two years in the US and have met the Substantial Presence Test you are considered a resident for tax purposes.

 

Therefore, you do not need to attach the above mentioned statement. You can file a regular married filing jointly return and e-file.