pk
Level 15
Level 15

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@msgsergei ,  because you meet the SPT, you are indeed a Resident for the tax year. However, because you are not present in the country  by reason of  expiry of visa, you became  NRA for the period of 08/16/2025 through 12/31/2025. 

See this page from the IRS -->  Residency starting and ending dates | Internal Revenue Service

If your visa to stay was valid ( i.e. you had right to be in the USA ) but you were abroad  for personal/ employment etc. reasons and/or maintained a close connection to the USA etc. ,  you could  argue that you are still a resident.  But in your case , I do not see how you could argue that  ( except  for the fact that there is familial connection -- your wife is still in the USA ). and win.  Perhaps, she  ( a tax resident) can argue that  you a NRA should be treated as a resident for the whole year , even if your tax home is abroad for the second period (08/16 through 12/31 ).   If you choose to proceed  that way  then  you have to file MFJ and  both sign a request for you to be treated  as a resident for the whole year ( and of course expose your world income to US taxes ).  What I don't know is how the IRS will view this considering that you are a resident of Europe since departing  US.

 

Sorry , I could not be more hopeful in this situation.

 

Is there anything else I can do for you ?