F1 Student Tax Return > Now in AOS

[AussieGuy12 23]

Hi All,

I was an F1 student, technically still am, until I got married 12/17/2017. 

I have applied for AOS to LPR.

My question is, normally international F1 students complete a 1040NR, but now I am married, do I just complete a Married Filed Jointly Tax Return? through Turbo Tax?

Any help is appreciated.

Thank you!

[GEOntificator 281]

Good question. I am in the same situation. My spouse is planning on filing online under married filing jointly (since she is a citizen, it will probably be easier). We are going to seek help from H&R block before doing so.

[Wuozopo 4,293]

1 hour ago, AussieGuy12 said:

Hi All,

I was an F1 student, technically still am, until I got married 12/17/2017. 

I have applied for AOS to LPR.

My question is, normally international F1 students complete a 1040NR, but now I am married, do I just complete a Married Filed Jointly Tax Return? through Turbo Tax?

Any help is appreciated.

Thank you!

If you marry a USC, you can elect to be treated as a resident alien for tax purposes, even if you don't meet the greencard test or physical presence tests to be a resident. You can file jointly for 2017 with your wife on a regular 1040. Yes TurboTax works for that but look up publications and read rules on IRS.GOV before randomly guessing answers

 

24 minutes ago, kvito28 said:

 

Good question. I am in the same situation. My spouse is planning on filing online under married filing jointly (since she is a citizen, it will probably be easier). We are going to seek help from H&R block before doing so.

 

 H&R Block is not the best choice for international type taxes. 

[GEOntificator 281]

2 minutes ago, Wuozopo said:

If you marry a USC, you can elect to be treated as a resident alien for tax purposes, even if you don't meet the greencard test or physical presence tests to be a resident. You can file jointly for 2017 with your wife on a regular 1040. Yes TurboTax works for that but look up publications and read rules on IRS.GOV before randomly guessing answers

 

 H&R Block is not the best choice for international type taxes. 

Thanks for the info. I definitely meet physical presence test since I have been in the country for almost 6 years by now. I have W-2 and 1099 this year so it nothing international to deal with. I guess I am clear to file with my spouse online.

[Wuozopo 4,293]

1 minute ago, kvito28 said:

Thanks for the info. I definitely meet physical presence test since I have been in the country for almost 6 years by now. I have W-2 and 1099 this year so it nothing international to deal with. I guess I am clear to file with my spouse online.

Yes, it will be a regular 'ol joint tax return for you with no foreign income to report. 

[Nelly17 10]

12 hours ago, AussieGuy12 said:

Hi All,

I was an F1 student, technically still am, until I got married 12/17/2017. 

I have applied for AOS to LPR.

My question is, normally international F1 students complete a 1040NR, but now I am married, do I just complete a Married Filed Jointly Tax Return? through Turbo Tax?

Any help is appreciated.

Thank you!

You can elect to be treated as a resident alien for tax purposes. We did that for our 2016 taxes. I do my own taxes so I had done a lot of research I used taxact.com to fill out the forms online (free). Then I printed out the forms and mailed it out to the IRS with a letter asking to “select the choice”. You can look that up on their website. 

Edited February 3, 2018 by Nelly17