My newly husband enter to US as a asylum seeker in Feb. 7. He have stay in US for the rest of year 2022 and we married in January 7 of 2023 (current year) we open a company together in 2022 and we have to file taxes for that income. My question is; does he meet the substantial presence test if he was presence in US form feb 7 2022 and still residing in US for current year 2023. Can he filled a 1040 or he still need to filled a 1040RN?
