Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted Jun 4, 2019 3:09:57 PM

U.S citizen married to F1 student - does he meet requirements to be considered a resident alien to file a joint tax return?

We were married March 2017 and he gets a small amount of income working as a TA. I just want to know if we can file married jointly without including any extra documents or declaration. Also, he does have a SSN. 

0 1 876
1 Replies
Expert Alumni
Jun 4, 2019 3:09:58 PM

It depends.  While he technically may not on his own qualify to file as a resident, if you are an American citizen, then you may prepare a statement that says you elect for him to be treated as a resident for tax purposes, which would then make all of his worldwide income taxable.  You would then be able to file a joint resident return.  Here is an IRS website with more information on this provision:  Nonresident Alien Spouse | Internal Revenue Service.  Click on link and scroll to following heading:

Election to File Joint Return