I'm filing Married Jointly, and my wife was an au pair for the first 5 months of the year. Can I still file using TurboTax or do I have to use the 1040NR-EZ form for her?

[Vanessa]

Is your wife a US Citizen?  Was she an Au Pair here or out of the country?

[matt-wallace93]

She now has a green card as of July. She has lived in America for 2+ years now, and is a lawful permanent resident now. I do not understand how to file for her 5 months of work she did as an au pair here.

[Vanessa]

1040 NR- would be a Non Resident return.  Did her employer withhold taxes?  Is she getting a W2? 1099?

[Vanessa]

If she has lived in the US, she is not a Non Resident.  Are you a US Citizen?

[matt-wallace93]

The first 5 months she was a non resident, then we got married and she received her green card. No taxes were withheld, and she has no tax documents. I was hoping I could file her income for those 5 months somewhere with my tax return and file jointly.

[matt-wallace93]

She was on a J-1 visa from January until June. As of July, she is a lawful permanent resident. Yes, I am a US Citizen. This is just to report her income during those first 5 months.

[Vanessa]

So she did NOT live in the US for the first 5 months of the year?

[matt-wallace93]

She did live in the US. She was with the Au Pair of America organization. She received a weekly stipend during this time as an Au Pair.

[Staulphin1]

@matt.wallace93 Did you ever figure this out? I'm trying to file jointly with my wife, who was an au pair last year, and can't seem to find out how to do so on TurboTax. It doesn't seem like @TurboTaxVanessaIA was any help. Any information you can provide would be greatly appreciated!

[Vanessa · Accepted solution]

Since she lived in the US all 12 months of the year, she would be considered a resident alien for the time prior to becoming a lawful permanent resident.  A resident alien files a 1040 form, not a 1040NR.  Therefore, since you were both residents (living in the US) the entire year you can simply file a regular tax return as Married Filing Jointly or Married Filing Separately.  Generally, Married Filing Jointly provides a better result tax wise. 

[Edited 1/22/18 8:42PM]

[matt-wallace93]

Thank you for your help. Can I file this form through Turbo Tax?

[Vanessa]

YW, Yes you can

[fr434046]

How should the au pair income be input through TurboTax? As household employment or as a 1099 self-employment? (There is no W-2 for au pairs)

[Staulphin1]

I would also like to know the answer to the above question (from fr434046). I'm not sure how to file my newly-wed au pair wife if we are filing jointly.