EAD with SSN

[rodriguez417cm20]

When filings taxes with W2, EAD (work permit) and Social security card. What form do you use? 1040, 1040NR, or which one? 1040 asks if I’m a nonresident alien yes or no. Then it has information about the green card test and the substantial presence test. Is it an actual test/form that I need to fill out to see if I qualify? Spouse is US citizen. I don’t want to cause issues to my immigration process for filing the wrong form. Tax preparers that I’ve gone to don’t know either. 

[SabrinaD2]

Given that you have a W-2 and an EAD (Employment Authorization Document), you need to determine your residency status for tax purposes to decide which form to use. 

 Consider the following:

• Green Card Test: If you have a green card, you are considered a resident alien for tax purposes and should file Form 1040.
• Substantial Presence Test: If you don't have a green card but spend at least 31 days in the U.S. during the current tax year and a total of 183 days over the last three tax years (including the current year), you generally meet the substantial presence test and are treated as a resident alien.

Here are some options

1. If you are considered a resident alien (either through the green card test or the substantial presence test), you should file Form 1040.
2. If you don't meet the criteria for being a resident alien, you should file Form 1040NR as a nonresident alien. 
3. If you are a nonresident alien and your spouse is a U.S. citizen, you and your spouse have the option of Married Filing Jointly (as long as you have Social Security number or ITIN) return using Form 1040.  Select this link for additional information How should I file my taxes if my spouse is a nonresident alien?