Hi
I live in Texas . I am on F1 visa status working for university for 20 hrs. My husband is on H1 b. We need to file taxes . My first question is do we need to file taxes jointly or separately.since I am on F1 visa status I get 100% tax withheld tax back. But how to do if I'm filing jointly with my husband . Do I need to sign some US treaty . I'm confused .

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Originally Posted by aparna_ash_shri

Hi
I live in Texas . I am on F1 visa status working for university for 20 hrs. My husband is on H1 b. We need to file taxes . My first question is do we need to file taxes jointly or separately.since I am on F1 visa status I get 100% tax witheld tax back. But how to do if i m filing jointly with my husband . do i need to sign some US treaty . i m confused .

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You are non-resident, your husband is a resident. You can only file jointly if you elect to be a resident for the year.

If you don't make the election then you must each file as married but not jointly.

Well said, TTE!