Yes, you have some options for your status. You might want to review this IRS webpage (which has additional links for additional information: Taxation of Dual-Status Aliens. Your situation will allow you to claim dual-resident alien status, provided you have at least 31 days of substantial presence this year (you do), and you will meet the substantial presence test to be considered a resident next year. In this scenario, your income will be "split" between the two statuses: your income prior to July 24 will be considered nonresident income, and your income going forward will be resident income. This related IRS web page discusses the election: First-Year Choice To Be Treated as a Resident .
Your spouse may also make an election to be treated as a resident for the portion of the year that you are also a resident: This IRS website provides details on that provision: Nonresident Spouse Treated as a Resident. If you decide to make these elections, you will file the following forms, and these forms will be mailed in, not e-filed:
- Form 1040. Write across the top "Dual Status Return". Your 1040 will include your income received after the change of status date (July 24). If you plan to file jointly with your spouse, select "Married Filing Jointly" as the Filing Status. With Form 1040, include the following:
- Statement of Dual Residency Election. This statement can be typed on a blank paper and be included with the return. You will state the date you obtained OPT status to begin your presence in the United States, and that you anticipate that you will meet the presence-test requirements in 2022 to continue to be considered a resident for 2022. (NOTE: If you do not fulfill the requirements to be considered a resident in 2022, you will need to amend this 2021 return. If in any doubt that you will not fulfill the requirements, file an extension before April 15, which will give you until October 15 to file. By then you should know for sure).
- Statement to have Spouse treated as a resident. With this election, your spouse must report all worldwide income on the 2021 return also for income earned after your change-of-residency date. (If your spouse has such income, however, it may be possible that the income qualifies for the Foreign Income Exclusion or Foreign Tax Credit.) Income received by your spouse prior to that date would be filed on a separate 1040-NR only if it is income derived from United States sources.
- Form W-7 and supporting identification documentation. This is so that your spouse may apply for his ITIN number since he does not have either a Social Security nor ITIN.
- Form 1040 NR. You will need to fill out Form 1040NR for income you earned prior to July 24. This income is "Nonresident Income" taxed at the Nonresident rates. If your spouse has US-sourced income prior to July 24, this income is also Nonresident Income he must file separately. If he has no income from US sources, he will have nothing additional to be reported.
As far as the W-4 is concerned, you have options there as well. What you choose to elect is up to you to an extent. What it determines is how many taxes are withheld from your check. Filling out the W-4 as single or Married Filing Separately withholds more tax than Married Filing Jointly, and adding exceptions will reduce the tax withheld even further. If you don't have enough tax withheld, you can face penalties for doing so.
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