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jsuhas89
New Member

I was on H1-B visa for entire 2019 but my wife was on H1-B visa only from Oct 2019. She was on F1 OPT for rest of 9 months in 2019. Can we use turbo tax to file jointly?

 
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3 Replies
KurtL1
Expert Alumni

I was on H1-B visa for entire 2019 but my wife was on H1-B visa only from Oct 2019. She was on F1 OPT for rest of 9 months in 2019. Can we use turbo tax to file jointly?

Yes, you will be able to use TurboTax to file your taxes. You will be filing Form 1040. Because your wife will not be considered a resident alien per the Substantial Presence Test you will need to attach a statement to your return.

 

On this statement you will make the choice to treat your wife as a resident alien for tax purposes on the return.  Attach the statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

  • 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 your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
  • The name, address, and identification number of each spouse. 

You only need to file this statement one time. It will remain in effect until you rescind the statement. 

 

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jsuhas89
New Member

I was on H1-B visa for entire 2019 but my wife was on H1-B visa only from Oct 2019. She was on F1 OPT for rest of 9 months in 2019. Can we use turbo tax to file jointly?

Thank you for the confirmation. Is there a document online which I can refer to, to complete this statement? I understand that Turbo Tax allows you to e-file, but in our case we cannot e-file since we have another statement to produce, correct? 

LinaJ2020
Expert Alumni

I was on H1-B visa for entire 2019 but my wife was on H1-B visa only from Oct 2019. She was on F1 OPT for rest of 9 months in 2019. Can we use turbo tax to file jointly?

Here is the link:

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

@jsuhas89

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