@11223344551 , thank you for your response.
1. Depending on exactly when you were admitted into the USA, you are just below meeting the Substantial Presence Test or just over the limit.
2. If indeed you do not pass the Substantial Presence Test ( Mid Jul would miss the mark while Jul 2 would indeed work ), your choices are to
(a) file as Non-Resident Alien -- since spouse has no income, only you need to file ( I am assuming that spouse did not earn anything in the US from the time of admission i.e. no remote working for a Canadian entity). You will be taxed ONLY on the US sourced income
(b) Once you have met the SPT, file as MFJ , with a letter requesting you be treated as a Resident for the year 2022 --- this will allow filing form 1040 and MFJ ( assuming spouse has ITIN or SSN ). But the problem with this is that the residency starts with the first day of presence in the USA and thus you cannot use standard deduction, a major benefit of joint filing.
3. If you pass SPT, then see option (b) above.
Does this help ? IS there more I can do for you ?
