Should I file a Dual status alien return or can I file as a resident alien?

[virginiabru]

I arrived to the US together with my husband in March 2016 on an O1 visa. My husband got an O3 visa as my dependent and he didn't get a SSN since he is not allowed to work in the US.

We meet the substantial presence test, so I assume that we are both considered residents for tax purposes during 2016.. can we file a normal resident alien tax return 1040?

Thanks

[bine22 · Accepted solution]

You are both dual status aliens. A dual status return cannot be filed jointly (and is not supported by Turbotax).

You can make the choice to be treated as resident aliens (by adding a statement to your return) and then must file a joint return, but you would both have to report worldwide income for the entire year. 

[virginiabru]

Thanks for the answer, If I then decide to be treated as resident alien, can I do it through Turbotax? or Turbotax doesn't support adding the statement? thanks again

[bine22]

You can use Turbotax to prepare the return itself, but you would have to print your return, add the statement and mail the return.

[virginiabru]

That was very helpful, thanks so much!