Resident alien

[sajib056]

My wife and I came in the USA in 2016 and have been staying same number of days. I am on F1 and she is on F2. As per SPT, I am a resident alien. Does it matter If I declare her resident alien or not? If I declare her non resident alien then I can file tax as a head of household and get some extra previlages. 

[pk]

@sajib056 , from your post it appears that :

(a) you came in as F-1  in 2016 and therefore  ( assuming this was your first entry into the USA ), your  exempt status was completed on 12/31/2020. So 2021  you counted  your "days present" towards SPT and became a resident for tax purposes for the year 2021.

(b) your spouse whom also entered the USA on a dependent visa ( F-2 ) in 2016 , also became a resident for tax purposes  in 2021.

(c)  So for 2021  tax year , you can either file as MFJ ( Married Filing Joint ) or MFS ( Married Filing Separate ).   You cannot  claim to be HoH ( Head of Household ) , even if  your spouse lived separate from you for the last six months of the year unless you have a qualifying dependent -- you need qualifying dependent AND considered unmarried.

 I hope I am understanding your case properly --- what  are you trying to achieve ?

pk