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April 15, 2022
Question

Married filing jointly as resident - H1B spouse + F1 spouse ?

  • April 15, 2022
  • 1 reply
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I'm on H1B since 2019 and my spouse was on F1 in 2021 (entered US on F1 in Aug 2017). In Jan 2022 my spouse changed visa status to H4. Can we still file married filing jointly as resident through turbotax ?

    1 reply

    April 15, 2022

    Yes, you can file jointly as residents. If, at the end of your tax year, you are married and one spouse is a US citizen or resident, and the other is not you can choose to treat the nonresident spouse as resident for tax purposes. 

     

    Your spouse would have become a resident in 2022 because he has completed 5  calendar years in 2021 on an F1 visa. He is on an H4 visa now and a resident.

     

    Click on the link for more information

     

    Nonresident spouse