For H2b or Temporary Worker in the US who is married in the country of origin, What STATUS must be use to file for a tax refund?

[ErnieS0]

It depends on whether you are filing as a resident or nonresident alien to get your refund.

Nonresidents

Nonresident aliens are persons who are not in the US long enough to meet the substantial presence test.

Generally you will file as married filing separately. You cannot file as single if you are married, even if you were married in your country of origin.

Resident

Resident aliens can file as married filing separately, married filing jointly or head of household if you have qualifying children.

• You can file separately and include only your income.
• You can file jointly and elect to treat your spouse as a US resident for tax purposes. Both your incomes will be counted for US tax. See Nonresident Spouse.
• Head of household if you have a child who is a US citizen/national/resident or a resident of Canada or Mexico.

TurboTax only prepares tax returns for US citizens and residents. If you need to file a nonresident return, our partner Sprintax.com can help. 

For more info see their blog: H2B workers and taxes – all you need to know

[cutesmile143]

I’m not a US citizen or US resident just got here under temporary working visa …. 

[ErnieS0]

"US resident" for tax purposes means how long you were physically present in the US.

If you meet the "substantial presence test", you are considered a US resident and can file a Form 1040 either married filing separately or married filing joint.

If you file joint you will have to include all your worldwide income and your spouse will need a Social Security or Tax ID number. See Nonresident spouse.

You meet substantial presence test if you were physically present in the U.S. on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

If you do not meet the test, you would file married filing separate on Form 1040NR.

TurboTax does not prepare this form, but you can file through Sprintax.com.

[cutesmile143]

I got here last month and started working after 5 days and received my w-2 today…

a bit complicated on filing tax right now due to STATUS Preferences before is was easy everytime I fill up a form for my w-2 it says that IF YOU ARE MARRIED AND YOUR SPOUSE IS NOT A RESIDENT use SINGLE so all my file is in Single Status since I’m not a US CITIZEN or US RESIDENT and deducted tax base on SINGLE STATUS… But I’m not denying that I’m MARRIED just following on what the w-2 says since I have no idea on IRS Ruling, I am MARRIED even in my US EMBASSY record form…

[ErnieS0]

If you were only in the US for five days in 2021 then you would file as a nonresident.

TurboTax does not handle nonresident returns. Sprintax can help you. They have live 24/7 chat.