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I'm an H-1B holder married to an F-1 student for the middle of 2016.

I have insurance coverage through my employer. My F-1 wife doesn't have health insurance. She only has student insurance covered in certain semesters mostly to fulfill school requirements. My wife is still in school and doesn't engage any employment. She doesn't have an SSN either.

This year I'm thinking about filing jointly, and I just don't know if we have to pay the healthcare tax penalty.

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1 Answers1

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According to the IRS (look at the 11th question on this page) a nonresident alien is not covered by the individual mandate. If your wife has been in the country for less than 5 years on the F-1 visa, she is a nonresident alien.

You will still need to file a W-7 to get an ITIN for her if you wish to file jointly with her.

Some school insurance plans may qualify if she is considered a resident alien and subject to the mandate. You may want to look into that further if that applies.

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