I moved to the USA in 2017 and will live here more than 183 days. I’m on H4 visa. Will I have to file tax return for 2017? Or I don’t have to do it as nonresident alien?

[TaxGuyBill]

Yes, it sounds like you are a Resident Alien, you will need to file a US tax return (assuming you have income).

It sounds like you are a "Dual Status" Alien for 2017, and TurboTax quite do that correctly, so you may want to go to a tax professional that is EXPERIENCED with Nonresident Aliens.

[jane-t-]

Thank you for your answer. I only have income from Canada. I lived and worked there in 2017 before I moved to the USA. My H4 visa doesn’t allow me to work in the USA. There will be no US income in 2017. Should I report my Canadian income to IRS if I have 183 days presence in the USA?

[bine22]

So your spouse has an H1b visa? Does your spouse meet the substantial presence test as well?

[jane-t-]

Yes, he has H1B and meets substantial presence test.

[bine22]

did he also move to the US in 2017 or before?

[jane-t-]

He moved to the US with me on June 29th 2017

[bine22 · Accepted solution]

You have two filing options:

1. Both, you and your spouse, are dual status aliens, so you can both file a dual status return as married filing separately. If you have no income after coming to the US (worldwide income), you would not need to file, so only your spouse would file his dual status return. Turbotax does not support dual status returns.

2. You can both make the choice to be treated as resident aliens for the entire year. You would need to attach a statement to the return. Making this choice would allow you to file a joint return, but you both must report worldwide income for the entire year, but you can use the foreign paid tax credit for taxes paid on income earned before coming to the US. You could prepare the return with Turbotax, but would have to print and mail it together with the attachment and possibly an ITIN application for yourself (assuming you do not have an ITIN or SSN).