Am I a resident alien or Non resident alien ?

[patel123]

I am in the US from August 2015 on an F1 visa and my visa status changed to H1b on 1 October 2019.

I was filing my tax as nonresident(1040NR) from  2016-2018.

I am also married to a non-resident in 2019, and my wife stayed in the US for the last 10 days in 2019 and she doesn't have  SSN/ITNR. 

what would be my tax filing status (resident alien or Non-resident alien) for my 2019 Tax filing?

Can I file my tax as Married Filing Jointly for the year 2019?

can I file my tax on TurboTax?

[LinaJ2020]

Technically, you are a nonresident in 2019 and should file a Form 1040 NR.  However, you have an option to file as a dual-status by making an election.  Click here: FirstYearChoice- Residency Starting Date under the First-Year Choice.  This means you can file as a non-resident from January till September and a resident from October till December.  For more information, click here Dual Status

If you choose to file as a non-resident, you cannot file jointly with your spouse.  However, if you decide to file as dual-status, you may make an election to claim your spouse as a resident and file jointly for the year.  Click here Nonresident to resident.

As TurboTax does not support any nonresident tax forms, you are advised to contact Sprintax which is affiliated with TurboTax to help our nonresident aliens with their US tax returns.  However, if you decide to file as dual status and file jointly with your spouse, you can use TurboTax to file.  

[Edited 01/28/2020 | 3:30 PM] 

[patel123]

I would like to file as dual status. But my wife doesn’t have ssn/itin number.

can help me to file with TurboTax?

[LinaJ2020]

Certainly!  It will get a bit complex but it is doable.  

If you are filing jointly, without your spouse's SSN or ITIN, you won't be able to e-file, unfortunately.  IRS requires everyone on the tax return have either SSN or ITIN on the tax return.  You might want to apply for an ITIN.  In that case, you will have to file a Form W-7 for the ITIN and your taxes simultaneously with TurboTax program:

-In the program, as you enter the information, leave the SSN space blank

-After entering all your information, print out returns and required forms ( write APPLIED in the SSN space) 

-As TurboTax does not support the Form W-7, fill out the forms by following

 https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required  documentation

-Submit everything including your tax forms to IRS Austin location in Texas.  ( Form W-7 instructions)

Or you can file Married Filing Separately.  You would not need to apply for ITIN for your spouse.  But you will not able to e-file either.  You can still use the program to prepare the tax forms but will have to submit by mail.  

To file separately without the SSN or ITIN: 

• In the program, leave the SSN space blank
• After completing the return, print out the forms.  Write “NRA” in the spouse's SSN space. ( NRA stands for Nonresident Alien). Do not leave the space blank. 
• Submit all the forms and required documents to IRS based on the instructions on your print-out.