Dual Status Married to Non-resident Alien Tax Return

[Juani]

I worked in the US with an F1 OPT from Jan 1 to Jun 2, 2019, then left the US and re-entered on Jun 23, 2019 to continue working with an H1B visa. In July 30, 2019 I married a non resident alien who is studying in the US with an F-1 Since May 2016. 

Can I choose to file as a resident alien "married filing jointly" even though my wife is a non-resident alien? If yes, what are the steps I should take? Does TurboTax or Sprintax work for this situation?

[KarenJ2 · Accepted solution]

If you were in the US for at least 183 days in 2019, then you and your wife can elect to file a married filing jointly 1040 in TurboTax.  You will both need to declare your world-wide income.

You will need to attach a statement to the back of your return declaring your choice to file married filing jointly.  That means when you complete your return in TurboTax, you will need to print, add a statement and mail your return.  You will not be able to e-file.

Please see page 9 of Publication 519 on Nonresident Spouse Treated as a Resident for more information on the statement to attach.

IRS Publication 519 US Tax Guide for Aliens