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I got my H1B visa Oct.2019(OPT to H1B), My wife is F1 visa but she has been U.S for more than 6 years(from underGrad to Grad). Can I file marriage jointly with her ?

 
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3 Replies
KarenJ2
Expert Alumni

I got my H1B visa Oct.2019(OPT to H1B), My wife is F1 visa but she has been U.S for more than 6 years(from underGrad to Grad). Can I file marriage jointly with her ?

From the information you provided, your wife was a full year resident in 2019 and you were a nonresident in 2019.

 

Yes, you both can elect to file a resident married filing jointly tax return in TurboTax for 2019.  

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

 

See page 9 of Publication 519 for how to make the election.  

 

You will both need to declare your worldwide income for the entire 2019 calendar year.

 

As you need to attach a signed statement that you are making this choice, you will need to print, attach the statement and mail.  You cannot e-file.

 

How do I print and mail my return in TurboTax Online?

 

 

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I got my H1B visa Oct.2019(OPT to H1B), My wife is F1 visa but she has been U.S for more than 6 years(from underGrad to Grad). Can I file marriage jointly with her ?

Thank you so much. 

 

However, Anyone of us can file our tax right right ? It s not required the resident file it right ?

KarenJ2
Expert Alumni

I got my H1B visa Oct.2019(OPT to H1B), My wife is F1 visa but she has been U.S for more than 6 years(from underGrad to Grad). Can I file marriage jointly with her ?

The election you both will make is to file together as married filing jointly.  With the election you attach to the return, you both will be considered as US residents.

 

I am not sure what your question is.

 

 

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**Mark the post that answers your question by clicking on "Mark as Best Answer"

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