Married couple (both F1 student) live and work in different states. I am nonresident alien, my wife is resident alien. File jointly for federal and separately for states.

[wutao27]

I know the similar question has been asked many times, but my situation is kind of complex. 

I got married to my wife in 2017. So this means my 2017 tax return status is married.

I have income from IN and CA (I was in CA during the summer 3 month, and in IN the rest of the year.)

I also have capital gains (1099-B) and dividends (1099-div).

Both of my wife and I are foreigners (F1 students) in US. She has been in US for more than 6 years. But I came to US in 2013, which means my filing status is still nonresident alien for 2017.

Here is what I plan to do: file the federal return as MFJ as a resident with my resident wife.

[wutao27]

I just realized some details are missing in my questions. Here are they: I plan to file the federal return as MFJ as a resident with my resident wife.
Florida does not have state income tax. So I plan to file IN and CA as MFS.

But my questions is what are my status of IN and CA tax (resident alien or nonresident alien)? I think I am nonresident alien for CA tax since I was only there for 3 month. But for IN state, should I be a resident alien because I choose to be resident with my wife for the federal return, or should I continue be a nonresident alien since I have not been in US for 5 years? Or it can be either way?

Thanks so much!

[bine22]

the status resident and nonresident alien applies to your federal return only. A nonresident alien cannot file a joint federal return, you would need to add a statement that you choose to be treated as resident alien (this is possible since your spouse is a Resident alien).

[wutao27]

Thanks for the advice! Yes I will attach such statement.

[MarilynG]

You can file jointly for federal and separately for states. You need the Download/CD Desktop  to do this.

Choose a Resident state (where you have driver's license, bank account, etc.) and you may have a Non-Resident state to file if you earned income there and income taxes were withheld.  If you worked in another state, but no state tax was withheld, you don't need to file a non-resident state.  All your income is reported to your Resident state, including capital gains and dividends. 

If you do need to prepare a non-resident state, prepare that return first, then your Resident state.

Here's info on MJF with different resident states:

https://ttlc.intuit.com/replies/3301995

Click the link for more info on filing multiple states.

multiple states

[wutao27]

I just realized some details are missing in my questions. Here are they: I plan to file the federal return as MFJ as a resident with my resident wife.
Florida does not have state income tax. So I plan to file IN and CA as MFS.

But my questions is what are my status of IN and CA tax (resident alien or nonresident alien)? I think I am nonresident alien for CA tax since I was only there for 3 month. But for IN state, should I be a resident alien because I choose to be resident with my wife for the federal return, or should I continue be a nonresident alien since I have not been in US for 5 years? Or it can be either way?

Thanks so much!

[MarilynG]

For states, you are either a Resident or Non-Resident (or Part-Year Resident) There is no 'alien' part.. that is Federal only.  Read the link.. if you have a bank account, driver's license, plan to stay there, that is your Resident state.  It sounds like IN is your resident state, but you worked in CA.  If you paid CA taxes on your income, then file a Non-Resident CA return and a Resident IN return, or a Part-Year CA return and a Part-Year IN return.  Easiest would prob be Non-Resident CA and IN Resident.  The link talks about this.

[wutao27]

Thanks for the clarification! The reason I ask the filing status on my IN state return is that, I was advised to file using IT-40PNR (Indiana Part-Year Residents and Full-Year Nonresidents) form instead of IT-40 (full-year resident) since I am a F1 student living in US less than 5 years. So I filed as nonresident for 2016 IN state return even I was at Indiana the whole year. If following this rule, I should as well using the IT-40PNR form for the year of 2017. I just want to make sure that, the fact I got married in 2017 and choose to file the federal return as resident MFJ, does not change the filing status of my IN state return.