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This is my first year transferring from opt to h1b,my wife has no ssn, how can I file my tax return with married jointly

 
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1 Reply
MinhT1
Expert Alumni

This is my first year transferring from opt to h1b,my wife has no ssn, how can I file my tax return with married jointly

As a H1B visa holder, you are considered a resident alien if you satisfy the Substantial Presence Test in 2024.

 

If you are a resident alien, you can choose to treat your nonresident spouse as a U.S. resident for tax purposes and file as MFJ.

 

Please read this IRS document for more information.

 

You have to apply for an ITIN for your spouse.

 

Please read this TurboTax Help topic on How to file your tax return with a W-7.

 

You cannot e-file. You have to file by mail or in person.

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