ebrookbank
Level 1

Should spouse waiting for green card file as resident alien or non resident alien?

My husband and I got married in January 2022. He entered the country on a K-1 (fiance) visa in December 2021. In February 2022 he applied for adjustment of status and is now waiting for his green card. He does not have a social security number. I saw in another post that I have a choice when filing taxes to file with him as either a resident alien or nonresident alien, but the post did not explain how to choose the best option.

 

I also want to make sure I choose the right status for his immigration purposes. I don't want the status we choose to somehow negatively impact his immigration process!

 

So far, he has no income this year. He has not worked at all since in the US because he was not allowed to on the K-1 visa and he has not yet received his work permit. So, my question is what status we should file with him as for the 2022 tax year--resident alien or nonresident alien? Does the answer change depending on whether he ends up having any income for 2022? Thanks!