SusanY1
Expert Alumni

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If you would like to file as a dual status alien, you may file an extension for the 2019 tax year and make the election to do so after you have met the Substantial Presence Test in 2020.  

 

You would need to be married to a US citizen in order to make the election to be taxed as a resident alien for the entire year, but you can make the election as a dual status alien after satisfying the substantial presence test for 2020.

 

You may apply for ITINs for your spouse and child when you file your tax return in order to file jointly or to list your child as a dependent on your tax return. 

 

If you file your tax return using the Married Filing Separately status in 2020 you may qualify for the economic impact payment (stimulus credit). If your spouse does not qualify yet for a social security number and you file jointly using his or her ITIN, you will not qualify for the credit.

 

You may wish to compare the benefits of filing jointly and separately to determine which filing status will be most beneficial in your case. You may choose the status that provides you with the best result. Filing jointly also requires that you make an election to treat your spouse as a resident alien for tax purpose and report all of your spouse's worldwide income.  This is an election that can only be made once per lifetime for the individual (even if the individual is later married to someone else.) 

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