1st time filing returns. What will be my filing status for return submission for CY 2016?

[bine22 · Accepted solution]

4. Yes, that applies to you. Once you meet the substantial presence test in 2016 you are a dual status alien.

1. NO, you would both be dual status aliens.

2. A dual status alien cannot file a joint return. So your filing status would be married filing separately. However, inf you are a resident alien at the end of the year, you can choose to be treated as resident aliens and file a joint return. However, that would also mean you have to report worldwide income for the part of the year you were not inn the US.

3. A spouse is never a dependent. But you might be able to claim a personal exemption for your spouse for the part of the year you are both resident aliens if she ha no gross income, does not need to file a return and cannot be claimed as a dependent by someone else.

5. The status on the W4 is for withholding purposes only and  does not have to be the same as used on the actual return. Once you meet the substantial presence test you can submit an updated W4 to your employer.

6. If you file as dual status alien, there are some limitations on what you can claim. You can see all the rules in publication 519, but if you have no experience with US tax returns, a dual status return is not one you should do yourself. 

https://www.irs.gov/publications/p519/

No matter how you file, you will need to file on paper. TT could assist you with a joint return, but not with a dual status return and you cannot file online.