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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13339
Experience:  15years with H & R Block. Divisional leader, Instructor
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My husband & I were married in Dec - he was a teacher here

Customer Question

Hi my husband & I were married in Dec - he was a teacher here for 7 years on a work visa from the Philipines and then last January the Board of Ed advised he they were no re hiring him so his work visa expired- now I want to know if I can file with him jointly as married thanks Louise
Submitted: 9 months ago.
Category: Tax
Expert:  Robin D. replied 9 months ago.

Hello

You can file a joint return with your spouse. Even if your spouse is a nonresident alien you have the choice to file married filing joint.

If, at the end of your tax year, you are a U.S. citizen or a resident alien (even if you were NOT for the whole year) and married to a nonresident alien, you can choose to treat your nonresident spouse as a U.S. resident for U.S. Federal Individual Income Tax purposes. All his income for the tax year would still be included on the return.

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