Married filing jointly on F1 and F2
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rakibuzzaman
Returning Member

Married filing jointly on F1 and F2

I am on F1 and my spouse is on F2. Both of us came in 2016 and now we are resident aliens for tax purposes. My wife doesn't have any income here as she is on an F2 visa, therefore she doesn't have any SSN and she also don't have the ITIN. How we can file jointly using TurboTax?

2 Replies
LinaJ2020
Employee Tax Expert

Married filing jointly on F1 and F2

If you came in the US in 2016 on a F-visa, you are considered as exempt ( not counting days) hence a nonresident for tax purposes for five years ( 2016-2020).  You would be filing a Form 1040 NR for your 2020 tax return.  Starting from year of 2021, you would start counting days being present in the US.  If you stay for at least 183 days or meet the Substantial Presence Test , you would be a resident and file a Form 1040.  

 

You cannot use TurboTax to file your 2020 tax return and will be suggested to use Sprintax.

 

 

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pk
Level 12
Level 12

Married filing jointly on F1 and F2

@rakibuzzaman  you say you came  into the USA on F-1 in 2016.  That would generally mean that  for 2020 you would still be an exempt person  and therefore Non-Resident Alien.  What am I missing here?

For 2021, yes you would be a Resident Alien for tax purposes and therefore can  (a) file married Fling Joint and (b) use TurboTax to prepare/file your return.

 

You can get the ITIN issued to your spouse by applying for it  ( form W-7) to the IRS OR, including the application along with your  joint return and the ITIN would be issued retroactively

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