My dependents have not stayed for more than half a year or have not covered a substantial presence test for 183 days, do I need to file married separately?

Myself, Spouse, and Daughter were in the US till Mar 9, 2021. we are back in the US on 9 Sep 2023, My dependent ( Spouse & daughter ) and myself not stay more than 183 days in 2023 or the last 3 years [ 2021 - 67 Days, 2022 - 0 days, 2023 - 114 Days ]

Do I need to file for marriage separately?
Still, add them as dependents ( Spouse & Daughter ) and file jointly

527

Expert Alumni

Jan 25, 2024 7:56:06 AM

You would still file a 1040 NR return. Turbo Tax does not prepare non-resident returns but our affiliate at sprint tax does. Please select the link and log into their website and they will answer your questions as you prepare your return.

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My dependents have not stayed for more than half a year or have not covered a substantial presence test for 183 days, do I need to file married separately?