US Resident with F-1 Spouse

[ddd-jjj]

Hello,

I am a green card holder and got married 2023 with a F-1 visa holder. My spouse came to US as F-1 visa June 2018 and still an F-1 holder. (In process of getting green card, pending) I believe my spouse is now considered a resident for tax purposes in 2023 tax year. I got this assumption from following search:

    - Spouse was F-1 visa holder more than 5 years and hasn't left US since 2021

    - When putting all spouse's information on Sprintax(tax software for non-residents) including spouse's residency status and travel history, they say spouse is considered resident for tax purpose.  Last year, when filing for 2022, Sprintax allowed my spouse to file.

If this is correct, when we file our taxes married filing jointly, I wanted to know:

    - We do NOT have to file the "election to treat your nonresident spouse as a U.S. resident for tax purposes".

    - Therefore, we can e-file our taxes?

Thanks for your help!

[DaveF1006]

Yes, you may e-file as long as your spouse has a valid Social Security Number or ITIN. Your wife is now a resident alien for tax purposes thus you do not need to make that election to treat your non-resident wife for tax purposes.