turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

Married f1 student - which tax ?

Hello,

 

So I’m an international student on f1 visa and I’m on the 3rd year of my OPT. I got married last year but my wife doesn’t live in the US. She only has a tourist US B1/B2 visa and lives in Canada. How should I file my tax ? Single, MFS or MFJ ? 

x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Reply
Vanessa A
Employee Tax Expert

Married f1 student - which tax ?

If you are on an F1 Visa and only in your 3rd year, you would fall under the 5 year nonimmigrant exemption still. This means you will not file a US Resident 1040 return until  AFTER the 5 years has been met. When your 5 years is up, that is when you would start counting the days to meet the Substantial Presence Test. When you meet the  Substantial Presence Test, then you would file a 1040 form as a US Resident. 

 

Until then, if you have income that you are earning in the US, you would need to file a Form 1040NR which TurboTax does not support, however our partner Sprintax.com does. 

 

Since your spouse does not live in the US, she would not meet the substantial presence test to file as a US Resident.  Since neither of you meet the conditions to be a US Resident for tax purposes, neither of you would file a 1040 form.  If she has US Sourced income, she would also need to file a 1040NR.  As to which filing status, as non-resident aliens, this question would be best asked of Sprintax.com since they specialize in Non Resident returns. 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question