Filing Status for H1B married to F1

[parvitstax]

Is it possible to file jointly if H1B is married to an F1 (4th year as F1)?

The F1 spouse has a W2 that only paid federal taxes (no Medicare / SS). 

The H1B spouse has normal W2 taxes withheld. 

[itonewbie · Accepted solution]

Assuming the F1 spouse qualifies as an exempt individual and the H1B visa holder is a resident alien, they can make a §6013(g) election to file jointly.

There are implications other than the income tax liability for the immediate year.  You should assess these with the couple to ensure this election is appropriate to them.

[parvitstax]

For those that may want the detailed IRS steps to elect and other information regarding making the §6013(g) election