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posted Jun 1, 2019 10:35:46 AM

Should I file married filing jointly or married filing separately?

I have a basic question regarding filing status. I am a non-resident alien on an "F" visa, but my status is "resident for U.S. tax purposes," and I got married last year to a non-resident alien who lives in the US.

Are we allowed to file taxes jointly? The IRS website states that "nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns." I'm just not sure whether "residents" here includes me as a resident for U.S. tax purposes.

Your assistance is much appreciated in advance.

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1 Best answer
Intuit Alumni
Jun 1, 2019 10:35:47 AM

Yes, you are allowed to file jointly.  "residents" include nonresidents who meet the  Substantial Presence Test  and becomes resident.  To treat your nonresident spouse to be a resident, see  Nonresident to resident .

1 Replies
Intuit Alumni
Jun 1, 2019 10:35:47 AM

Yes, you are allowed to file jointly.  "residents" include nonresidents who meet the  Substantial Presence Test  and becomes resident.  To treat your nonresident spouse to be a resident, see  Nonresident to resident .