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Non-Resident Spouse w/ Substantial Presence Test. Can I file jointly?
Hi,
My spouse is a non-resident alien who has been living in the US since late 2020 on an F-1 visa (we are working on their green card). That being said, they have been in the US for 64 days this year, every day in the last year (2021), and 146 days in 2020. They have no foreign income or assets. Thus, it seems they pass the Substantial Presence Test.
Does that mean we can file a joint return on TurboTax with no repercussions? Or do I need to take additional actions?
Thank you!
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March 6, 2022
8:34 PM