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Tax return filing by husband and wife on separate F1/OPT status

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  • Tax return filing by husband and wife on separate F1/OPT status

    My girlfriend and I recently got married, both are on F1/OPT (not dependents), working in different companies, and living in different states in the US. I am resident alien for tax purpose but my wife is not. Is it advised that we can file the 2016 federal tax return as 'married filing jointly' or we should file 'separate'?

  • #2
    Originally posted by cryonole View Post
    My girlfriend and I recently got married, both are on F1/OPT (not dependents), working in different companies, and living in different states in the US. I am resident alien for tax purpose but my wife is not. Is it advised that we can file the 2016 federal tax return as 'married filing jointly' or we should file 'separate'?
    It's your choice. Married Filing Jointly almost always results in a lower tax than Married Filing Separately. Plus when you file jointly, you can use the standard deduction, which you cannot use when filing separately. But depending on the country she came from, becoming a resident (filing jointly will require making her a resident) may make her ineligible for certain tax treaty benefits she may be benefitting from now (some treaties apply to residents too, others do not; you will have to check).

    This is my personal opinion and is not to be construed as legal advice.

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