Is joint filing available for me (H1B, with tax treaty, resident alien) and my wife (F1B, resident alien)?

[breesze]

Hi all,

Is joint filing available for me (H1B, resident alien, with tax treaty) and my wife (F1B, resident alien) via Turbotax?

 - Both of us are resident alien and have different visa status. 

 - I've got tax treaty until mid of this year.

Or what is the best way to file the tax return?

Thank you so much in advance:)

[DaveF1006]

If you are both resident aliens for 2021, file a joint return for 2021.

[breesze]

Thank you for your prompt response!

BTW, does it matter if I still get tax treaty (I mean exemption)?

Some other search results say that if I have tax treaty, I can not file a joint.

[DaveF1006]

To clarify, what do you mean by tax treaty an have you file an 8843 and granted to be an exempt individual for 2020?

[breesze]

Yes, that's right!

[DaveF1006]

To clarify further, on what date did you stop being an exempt individual?

[breesze]

Sorry for late response.

My exemption will be finished this coming August.

[LoganathanB]

You will have to file 1040NR if you want to claim treaty exemption and you will not be able to file a joint return.

TurboTax does not support 1040NR

Click on the link for more information

Treaty benefits