I am in US on H1B visa from 4th Dec 2019. I am married and have W2 from Employer. My wife was not in US for Dec and she don't have ITIN. What should be my filing status?

ttrishal · ‎March 23, 2020

KurtL1 · ‎March 23, 2020

You will need to file a Form 1040-NR as a nonresident alien. Your filing status will be Married nonresident alien on the form.

TurboTax does not support Form 1040-NR return. You will need to use Sprintax to file a Form 1040-NR return. If you have questions you can contact Sprintax Help for assistance.

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JamesG1 · ‎March 23, 2020

You are considered a resident for tax purposes if you meet the Substantial Presence Test. See this IRS publication on pages 4 and 5.

Your spouse does not have an ITIN or Social Security number and you will not be able to claim her. You will file a Single tax return.

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ttrishal · ‎March 23, 2020

I don't pass resident requirements,also I don't pass substantial presense test as I was present in US for only 27 days in 2019 and this is my first visit. Still can i file as single?

KurtL1 · ‎March 23, 2020

You will need to file a Form 1040-NR as a nonresident alien. Your filing status will be Married nonresident alien on the form.

TurboTax does not support Form 1040-NR return. You will need to use Sprintax to file a Form 1040-NR return. If you have questions you can contact Sprintax Help for assistance.

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

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I am in US on H1B visa from 4th Dec 2019. I am married and have W2 from Employer. My wife was not in US for Dec and she don't have ITIN. What should be my filing status?