Tax filing while the visa status of myself and wife changed from F1 to H1B in Oct 2018. Can we file tax returns jointly?

[akrishaki]

We both have Indian citizenship. And have been married for > 3 yrs.

I first entered US on F1 Visa in Aug 2014. Number of days in US are as followes:

2014: 149 (F1)

2015: 349 (F1)

2016: 350 (F1 OPT)

2017: 341 (F1 OPT STEM)

2018: 365 (F1 status from Jan 1 - Sept 30, H1B from Oct 1 - Dec 31) 

My wife first entered US on F1 Visa in Aug 2015. Number of days in US are as followes:

2015: 148 (F1)

2016: 350 (F1)

2017: 341 (F1)

2018: 365 (F1 status from Jan 1 - Sept 30, H1B from Oct 1 - Dec 31) .

1. Are we resident alien for tax purpose?

2. Can we file taxes as married filing jointly?

Thank you!

[KarenJ · Accepted solution]

You are nonresidents for 2018 and will need to each file married filing separately nonresident returns (you cannot file a nonresident return as married filing jointly).  You will be able to file a married filing jointly return in 2019.

 TurboTax does not support nonresident or dual status returns.

However we have a partnership with Sprintax offering a nonresident/dual status tax filing solution to our TurboTax customers.

Visit the TurboTax/Sprintax site for more info or to get started.