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Get your taxes done using TurboTax
Yes, you can do that!!
You cannot mail your 2019 married filing jointly tax return until you have met the substantial presence test for 2020.
Also, you must attach the First Year Choice election to your tax return page 8 of Publication 519 as well as the Nonresident Spouse Treated as a Resident statement on page 9 of Publication 519. You will have to mail your return.
When you calculate the Substantial Presence Test. you must calculate it as follows;
Count all the days of 2020 that you were in the US, count 1/3 of the days you were in the US in 2019 and count 1/6 of the days you were in the US in 2018. If the days add up to 183 US days or more, then you are a US resident for tax purposes in 2020..
(And with the First Year Election, you become part year resident in 2019 and with the Nonresident Spouse election you become full year residents in 2019.
Make sure you count the days in 2020 correctly as you cannot file your tax return until you have met the 183 days.
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