U.S. Citizen married to an F-1 Visa holder. How sh...
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Level 1

U.S. Citizen married to an F-1 Visa holder. How should I file?

Hi, 

 

I am a U.S. Citizen, but my husband is currently a non-resident alien on an F-1 student visa. My husband has lived legally in the United States for the past 4 years while on a student visa. We currently live together and have for the last 3 years. My husband has no income, but his parents are paying for his college and expenses.

 

We were married in 2020 and I am not sure how to file my taxes this year. Are we able to file jointly? If so are there any reprocussions that my husband could face? 

3 Replies
Employee Tax Expert

U.S. Citizen married to an F-1 Visa holder. How should I file?

Yes, you can file jointly with your spouse by claiming him as a resident.  

 

You would need to make an election to claim him as a resident.  TurboTax does not provide any tools or forms to assist you to make the election, unfortunately.  You would need to follow IRS's instructions to attach the statement to your 2020 tax return.  You cannot e-file.  Instead, print out all your tax forms along with the statement and paper-file.  To see instructions, click here to see Nonresident to resident

 

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Level 1

U.S. Citizen married to an F-1 Visa holder. How should I file?

Thank you! Will we need to  include a Form 8843 with our tax return since my spouse is on an F-1 visa? 

Employee Tax Expert

U.S. Citizen married to an F-1 Visa holder. How should I file?

According to this link from IRS.gov, Form 8843 is a Statement for Exempt Individuals and Individuals With a Medical Condition. It is used if you are declaring your spouse as a resident alien but she doesn't meet the requirements for the substantial presence test. Form 8938 will waive that requirement if she has a medical condition.

[Edited 02-18-2021|11:33 AM PST]

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