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Level 2
posted Feb 21, 2021 5:32:34 AM

How to file tax as a resident alien with H1B visa married to a US citizen

I am a resident alien with H1B visa and I got married to a US citizen in April 2020. Should I file as "Single" "Married filing separately" or "Married filing jointly with my husband"?

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1 Replies
Expert Alumni
Feb 21, 2021 6:07:01 AM

You cannot file as single since you are married. You can only file as married filing jointly or married filing separately.

 

Usually, married filing jointly is more beneficial since when you file married filing separately you won't qualify for certain credits and deductions. Please see  IRS Pub 17 Special Rules page 22 for more details.