If recently married with both spouses have been in the US for 5 years and both work full time in the US as a H1B and H4, can we file as residents married filing separately? Both have a social security number and have been filing as single resident and single non resident prior to marriage.
Filing as married separately will be a $50k larger tax refund because we are high income worker. I read that somewhere that we are supposed to file as married filing jointly the first year then if we make the election then we can file as married filing separately. Just not sure if we fall into this case or that we qualify for residency because we have been in the US for 5 years.