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New Member
posted Mar 23, 2020 11:16:32 AM

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?

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1 Best answer
Expert Alumni
Mar 23, 2020 2:40:46 PM

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.

 

3 Replies
Expert Alumni
Mar 23, 2020 11:44:49 AM

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.

New Member
Mar 23, 2020 2:29:49 PM

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? 

Expert Alumni
Mar 23, 2020 2:40:46 PM

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.