Question

I am on F1 and my wife F2 (4 years in US). Should we file as married jointly or separately (she has ITIN)

Forum|Forum|7 years ago
June 6, 2019
1 reply
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I"m in US since Sept. 2011 on F-1 visa. My wife (canadian) is in US since june 2012, on F-2 visa (she has ITIN). I'm very confused to file as jointly or separately: I am the only income-source as she cannot work with F-2, and we both rely on my scholarship.

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If you are on an F-1 visa and if you have not been in the United States for at least 5 years (as a students), you are exempt from the Substantial Presence Test and you will be considered a Nonresident Alien. If you are filing as a Nonresident Alien, you will file a Form 1040NR (which is not supported by TurboTax).

If you are both considered nonresident aliens, you will not be able to file a joint tax return.

Please refer to this link for more information about nonresident alien filings:

https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Alien---Figuring-Your-Tax