AmyC
Employee Tax Expert

[Event] Maximize Your Deductions | Ask the Experts

You can file the 1040NR for 2025. To determine the filing status, there are a few factors. 

For the 1040 you can take this quick quiz, Filing status

 

Earlier AmeliesUncle mentioned Dual Status as you do have the option for resident alien if you stay in the US in 2026 until you pass the 183 days test, then elect  "dual status alien". The only real problem is that you can't file your 2025 return until you hit 183 days in 2026 so you would need to file an extension by April 15th and then file your 2025 once you pass the mark. Please see Determining Tax Status

 

You should  look at nonresident spouse since that is another concern of yours.

You may decide to take the first year election and file joint, fill out the w7 for the children's ITINs and claim a credit for them.  There is a lot involved and I may not have read everything thoroughly so please read through the actual IRS information, all of my links are direct to IRS. You may want to wander around in the International taxpayer section.

 

Reference: How do I file an IRS tax extension? by TurboTax

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