ErnieS0
Expert Alumni

State tax filing

Your spouse will be treated as a resident alien if she meets the substantial presence test.

 

If 2023 is the first year she qualifies to be treated as a resident for tax purposes, she would file a dual-status return — if she were filing separately.

 

Taxation of Dual-Status Aliens

 

You would make out better filing jointly if she has no income. You can elect to treat your spouse as a resident in the first year of residency.

 

Additionally, the community property adjustment for federal taxes is quite complicated.

 

The US allows a U.S. resident to file together with a nonresident spouse and treat the spouse as a U.S. resident.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"