How can I file jointly as an F1 married to a US citizen

[Kaykay1 0]

Hello, 

 

I am an F1 student who moved to the US in Dec 2021 and married to a US citizen since august 2022, we have a child who is a US citizen. I have a pending adjustment of status application, I have an EAD and I work full time while I still go to school. 
 

So I want to file jointly but I don’t know how if I need to declare to be treated as a resident for tax purposes. If so, where and how do I declare this, is it done digitally or electronically. Do I file the return digitally or electronically.m. Or do I just file jointly using TurboTax or other apps. 
 

It is very confusing right now.
 

 

[Mike E 11,727]

1. Do you have an SSN?

 

2. Are social security and Medicare taxes being taken out of your paycheck?

[Kaykay1 0]

21 minutes ago, Mike E said:

1. Do you have an SSN?

 

2. Are social security and Medicare taxes being taken out of your paycheck?

Yes I have SSN, Medicare, Social Security , federal and state too are all taken out of my paycheck. 

[Mike E 11,727]

18 minutes ago, Kaykay1 said:

Yes I have SSN, Medicare, Social Security , federal and state too are all taken out of my paycheck. 

File jointly 

 

E-filing is recommended.  

[Kaykay1 0]

8 minutes ago, Mike E said:

File jointly 

 

E-filing is recommended.  

What about “treated as resident for tax purposes” clause and the requirement that I need to declare to be treated as a resident for the tax year. I’ve read about this so I’m confused. I know we need to file jointly but that clause is my concern. 

[Kanja 201]

5 minutes ago, Kaykay1 said:

What about “treated as resident for tax purposes” clause and the requirement that I need to declare to be treated as a resident for the tax year. I’ve read about this so I’m confused. I know we need to file jointly but that clause is my concern. 

If you are confused hire a tax professional to do the taxes for you.

 

you are a resident it seems. 

[Dashinka 23,375]

11 minutes ago, Kaykay1 said:

What about “treated as resident for tax purposes” clause and the requirement that I need to declare to be treated as a resident for the tax year. I’ve read about this so I’m confused. I know we need to file jointly but that clause is my concern. 

I am definitely not a tax expert, but it seems the IRS will consider you a "resident" for tax purposes only.  This has no bearing on your pending I485 submission, and actually it may help it (if you file jointly) as it shows a comingling of marital assets.  Back when my now wife came over on her K1, we filed taxes for that year jointly even though she was not an LPR yet and had no issues.

 

Good Luck!

[Mike E 11,727]

5 minutes ago, Kaykay1 said:

What about “treated as resident for tax purposes” clause

How many days were you present in the U.S. in 2022?

 

5 minutes ago, Kaykay1 said:

 

and the requirement that I need to declare to be treated as a resident for the tax year. 

I’ve never heard of such a thing. Do you have a link?

 

When my wife and I filed our first joint return she was in the USA for over 11 months without a green card. That was enough presence.  She did not make an explicit declaration. If there was such a requirement, I’m certain TurboTax would have said so.  Perhaps buried in our electronic return there was such a declaration.  
 

I do know that if you file jointly as a resident, you must declare your world wide income. You also are subject to FBAR if the highest balance across all your financial accounts abroad exceeded $10,000 USD on any day.  
 

I agree that if aren’t sure hire a tax professional but you should also lower your expectations on  the competence of these so called professionals. 

[Kaykay1 0]

52 minutes ago, Mike E said:

How many days were you present in the U.S. in 2022?

 

I’ve never heard of such a thing. Do you have a link?

 

When my wife and I filed our first joint return she was in the USA for over 11 months without a green card. That was enough presence.  She did not make an explicit declaration. If there was such a requirement, I’m certain TurboTax would have said so.  Perhaps buried in our electronic return there was such a declaration.  
 

I do know that if you file jointly as a resident, you must declare your world wide income. You also are subject to FBAR if the highest balance across all your financial accounts abroad exceeded $10,000 USD on any day.  
 

I agree that if aren’t sure hire a tax professional but you should also lower your expectations on  the competence of these so called professionals. 

https://apps.irs.gov/app/vita/content/globalmedia/4491_unique_filing_status_and_exemption.pdf

 

You can see the link I attached, see the picture I added and the part i highlighted. You would need to write a declaration to be treated as a resident for tax purposes and also file by mail. 
it is confusing.  
 

I want to know if anyone has gone through my exact situation and filed jointly through turbo tax without any issues. 

[Rocio0010 5,573]

You’re mixing pears and apples. 
If you meet the substantial presence test for the IRS (Google is your best friend) then you are a resident for tax purposes. It has nothing to do with your green card status.

Filing on paper or electronically has no bearing on your status either. 
Use TT from the comfort of your home while wearing your PJs.

[Crazy Cat 39,639]

16 minutes ago, Kaykay1 said:

https://apps.irs.gov/app/vita/content/globalmedia/4491_unique_filing_status_and_exemption.pdf

 

You can see the link I attached, see the picture I added and the part i highlighted. You would need to write a declaration to be treated as a resident for tax purposes and also file by mail. 
it is confusing.  
 

I want to know if anyone has gone through my exact situation and filed jointly through turbo tax without any issues. 

You are a resident for tax purposes.  Just file a joint return. Don't worry about a declaration.  

[Wuozopo 4,285]

1 hour ago, Kaykay1 said:

What about “treated as resident for tax purposes” clause and the requirement that I need to declare to be treated as a resident for the tax year. I’ve read about this so I’m confused. I know we need to file jointly but that clause is my concern. 

You have to meet one of 2 tests to already be a resident alien for tax purposes, or you may elect with you spouse to be one if you don’t pass either test. 
 Green card test—No you don’t meet this

Substantial presence test—Work out the formula below based on days present in the US. From the IRS:

 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Use the tax year so count all days 2022, 1/3 of days 2021, 1/6 of days 2020. Do you have enough days?

 

If you have to use the election because you don’t have enough substantial presence,  you create and sign a document to go with your tax return. TurboTax has no way to submit such document with an efile. It is a software thing that the IRS has no provisions for accepting efile with such a document. You can print “tax return for filing” with TurboTax, add your statement, and mail.  It will tell you the address for mailing. 
 

The above is how the IRS tells you to do it. It is unlikely the IRS would hunt you down and demand to count your days present if you didn’t write a statement. 

Edited February 3, 2023 by Wuozopo

[Crazy Cat 39,639]

Thanks, @Wuozopo.  I would think OP has enough days.

Edited February 3, 2023 by Crazy Cat

[Mike E 11,727]

1 hour ago, Mike E said:

How many days were you present in the U.S. in 2022?

You haven’t answered the above question.  
 

While I am 99 percent you were a resident for tax purposes in 2022, until you disclose that answer, this is not a  discussion that will produce a a 100 percent certain  result for you. 
 

In the document you linked (which appears to be a training program for so called tax professionals and is so poorly  written that it now explains the weekly  HR Block disasters that are reported here) it says,

 

What is the substantial presence test?

This test is based on a formula of days and years a person is physically present in the United States. Individuals who do not have green cards may still be considered resident aliens if they meet the requirements of the substantial presence test for the calendar year.

 

33 minutes ago, Kaykay1 said:

 

I want to know if anyone has gone through my exact situation and filed jointly through turbo tax without any issues

Yes.  As I wrote before, my wife:
 

1 hour ago, Mike E said:

When my wife and I filed our first joint return she was in the USA for over 11 months without a green card. That was enough presence.  She did not make an explicit declaration. If there was such a requirement, I’m certain TurboTax would have said so

 

The IRS doesn’t have the capacity to handle paper filings of I-485 applicants 

Edited February 3, 2023 by Mike E

[Mike E 11,727]

2 minutes ago, Crazy Cat said:

OP has been in the US since 2021.

I’m sure OP has had an address in the U.S. since 2021. That doesn’t mean OP has the physical presence.