Tax Related Question (might apply to most F1's)

garrulito

Registered Users (C)
Hey guys, I have a question I hope someone knows how to answer

As an F1, I always used form 1040NR to file my taxes, and wasn't allowed to claim any exceptions on my w4 because my status was that of a non-immigrant. With a pending AOS, will I be able to claim exceptions now and file a regular 1040? also, when you are an F-1 you are not allowed to file a joint return with your spouse, does anyone know if now I will be able to file jointly?
 
I believe you are considered a resident for tax purposes, and file the 1040. If you go to the IRS website, they have guidelines about the substantial presence test, which basically tells you if you can file as a resident. You should meet the substantial presence test as being the spouse of a USC. The easiest way is to file jointly with your spouse.
 
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