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Married filing jointly for 2022 with spouse who changed status from H4 to F1 in Jan 2022

Forum|Forum|3 years ago
March 16, 2023
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Hello,

I am on H1b since 2018 and my spouse was on H4 till Dec 2021. We were filing for tax jointly as residents till 2021. She changed her status to F1 on Jan 2022 and stayed in the USA for the whole year (2022) as a student. Do we need the Non-Resident Spouse Election form to be submitted while filing for 2022 now?

Thanks in advance.

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Best answer by MinhT1

She has SSN because she is authorized to work in the US. You should use the SSN on the tax return.

If your wife meets the Substantial Presence test for 2022, she is considered a resident alien. And she can file jointly with you. So no change from 2021 as she was already considered a resident alien by your election.

M

MinhT1

Your spouse is still a nonresident alien with her change of status to F1.

As you have already submitted the election to treat her as a resident alien, you do not need to submit the election again. The election is submitted only in the year for which the choice applies.

Please read this IRS document for more information.

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K

kplpAuthor

Thank you @MinhT1, for the quick response.

Just to make it clearer, my spouse is working with F1 now (since Jan 2022) and has her own SSN. Previously she was H4 and hence did have only ITIN. Does this info, change any of the facts mentioned by you?

M

MinhT1Answer

She has SSN because she is authorized to work in the US. You should use the SSN on the tax return.

If your wife meets the Substantial Presence test for 2022, she is considered a resident alien. And she can file jointly with you. So no change from 2021 as she was already considered a resident alien by your election.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"