pk
Level 15
Level 15

State tax filing

@mufasayang , having gone through your responses to my questions  -->

 

1. yes you are a resident for tax purposes  for the year 2021 -- started counting days  from Oct. 2020 with the  adjustment of status.

2. You have SSN 

3. You wife is still on F-1, a full time student ( as required  ) and therefore exempt  from counting days till the  end of the calendar year 2021.  However since she is married to a  Resident for tax purposes, she is eligible to request to be treated as a resident  for tax purposes for the whole year .   Assuming that  she has SSN, then  all she has to do is to file a joint return with you  and send in a letter  signed by both you and her  requesting to be treated as a resident for tax purposes for the whole year of 2021.  This does mean that you will have to file by mail ( attachments  sometimes do not work as intended).

4. If your wife does not have SSN and is not eligible for one , she can request an ITIN from the IRS -- if you need help in how to do that, let me know --- there have been a lot of  write up on this topic ( ITIN being issued retrospectively)

5. Two points to note  ---   (a)  it is probably advisable to carry on with her F-1 if she wishes to  continue studying and be free to use OPT /etc. facilities  when she wishes to .  If she adjusts her status to H-2  -- a dependent visa, those  work permits may not be available -- please check with DHS and  your school;  (b) note that while  using the  Married Filing Joint is the most tax benign filing status,  you also open her to  US taxation on any foreign income she may have;  (c) Note that US- China treaty allows  the exclusion of  first $5000 per  student/trainee as long as he/she is in the USA temporarily -- this may not be applicable if she changes her status to dependent visa ( H-2/4).

 

Is there more I can do for you ?