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I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

I am H1B since Oct 2015 and my wife is on F1 since Aug 2018, we married in June 2019.  

Can we file taxes jointly using MFJ? if Yes, Can I do everything on the TurboTax site?

also, Can I file my wife's college fee for returns?

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2 Best answer

Accepted Solutions
KarenJ2
Expert Alumni

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Yes, you can file married filing jointly if you make a written election, signed by both of you, on a statement attached to the back of your federal return.  You will need to mail your return; you cannot efile.

 

You will both need to declare your worldwide income on your tax return.  You can do everything in TurboTax, except to write a short statement outside of TurboTax and print an mail your return.

 

Please see page 9 of Publication 519, Nonresident Spouse Treated as a Resident. for the steps you need to take.

Publication 519 US Tax Guide for Aliens

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LinaJ2020
Expert Alumni

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

 

Once you file the election to claim her as a resident, you can claim her college fees you both paid on your joint return.  

 

@Chandra2

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9 Replies
KarenJ2
Expert Alumni

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Yes, you can file married filing jointly if you make a written election, signed by both of you, on a statement attached to the back of your federal return.  You will need to mail your return; you cannot efile.

 

You will both need to declare your worldwide income on your tax return.  You can do everything in TurboTax, except to write a short statement outside of TurboTax and print an mail your return.

 

Please see page 9 of Publication 519, Nonresident Spouse Treated as a Resident. for the steps you need to take.

Publication 519 US Tax Guide for Aliens

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

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Thanks @KarenJ2 

Do you think I can claim my wife's college fee on MFJ? 

I know, when you are an international student, you can not claim college fees on taxes. But in our case, my wife paid for the first half of 2019(Spring 2019) and I paid for the rest of 2019(Fall 2019). Can you shed some light on this, please?

 

Thank you.

 

LinaJ2020
Expert Alumni

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

 

Once you file the election to claim her as a resident, you can claim her college fees you both paid on your joint return.  

 

@Chandra2

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garrygoolger
Returning Member

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Can someone help me to get the declaration form to declare my spouse as resident alien for 2022 tax year even though she is in F1 visa and treated as non resident alien? Also, can I e file the whole tax return (both federal and state taxes) and only mail the declaration form to irs? or Do I have to mail the whole federal and state taxes to irs?

ErnieS0
Expert Alumni

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Mail your return with everything together. Send your federal return to IRS and your state return to your state. Send everything that TurboTax prints out for federal and state.

 

See How do I print and mail my return in TurboTax Online?

 

We suggest sending your return by certified mail with proof of delivery.

 

Attach your declaration to your federal return. However, you can attach it to your state return anyway. Generally, states don’t care whether you are a resident or nonresident alien. You are taxed if you live in a state or earn money there. There are no visa-exempt periods.

 

To elect to file jointly, attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

 

  1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

See Nonresident Spouse

 

@garrygoolger 

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garrygoolger
Returning Member

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Can I e-file my california state tax return using turbotax for married filing jointly situation as I mentioned above in my question and pay taxes online via turbotax?

 

Please confirm, for federal I can't e-file using turbotax as I need to attach a statement of declaration and pay my taxes online? 

and how about next year taxes, Can I do e-filing for both without need of attaching a statement of declaration?

garrygoolger
Returning Member

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Also, if anyone can attach a statement of declaration template to use, it will be a great help in completing my taxes.

 

Thanks in advance.

garrygoolger
Returning Member

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

Can anyone please reply. Thanks in advance.

DaveF1006
Employee Tax Expert

I am H1B and wife is on F1 Visa, Can we file taxes MFJ?

We don't have a statement of  declaration template. This is a statement you need to make in your own words to the best of your ability just as long as it has information that ErnieS0 mentions in his previous post. 

 

You will need to file this statement every year until your wife becomes a resident alien.

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