"US resident" for tax purposes means how long you were physically present in the US.
If you meet the "substantial presence test", you are considered a US resident and can file a Form 1040 either married filing separately or married filing joint.
If you file joint you will have to include all your worldwide income and your spouse will need a Social Security or Tax ID number. See Nonresident spouse.
You meet substantial presence test if you were physically present in the U.S. on at least:
- 31 days during the current year, and
- 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.
If you do not meet the test, you would file married filing separate on Form 1040NR.
TurboTax does not prepare this form, but you can file through Sprintax.com.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
