I was hoping someone could bring some clarity on this. Here is my situation:
- I have been in the US since 2019 and last year I submitted my taxes for 2022 as nonresident because I was under an F1 student visa. I changed my status to H1B in April of 2023.
- My wife came to the US under an H4 as well in April of 2023, so we both pass the substancial presence test.
From what I’ve read both her and I qualify as dual status and are not allowed to file jointly, only married separately, although I'm not sure I'm interpreting this correctly. We will also be requesting her ITIN when submitting her tax return. Short question is if we can be considered as residents for the full year of 2023 so that my wife and I can file jointly? (my wife had little income at the start of 2023 so I believe we can apply the foreign earned income exclusion)