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March 26, 2025
Question

F1 resident alien and F2 spouse non-resident

  • March 26, 2025
  • 1 reply
  • 0 views

My husband is on his F1 visa for over 5 years, claimed as resident alien for tax purpose.

I am on my F2 visa staying with him in the U.S. for 2 years (over 183 days in a tax year).

Can I be considered as non-resident since I hold F2 visa less than 5 years?

1 reply

DaveF1006
March 26, 2025

Yes, your husband can elect to treat you as a resident alien for tax filing purposes.  When your name is entered as a spouse in the MY INFO section of the return.  You can also be considered a nonresident alien and then he would need to file Married Filing Separately.

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