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New Member
posted Apr 21, 2020 12:24:48 PM

Student F visa since Aug 2015, applied for permanent residency in Jul 2019, received greencard in Mar 2020. Sprintax says:resident. Am I resident or nonresident for 2019?

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1 Replies
Level 2
Apr 21, 2020 12:57:25 PM

From the information you provided, you are still a nonresident in 2019.  As you did nor receive your green card until March 2020, you were still a nonresident in tax year 2019.  Your five years or part years that you are exempt from the substantial presence test are 2015. 2016. 2017. 2018 and 2019.  You would start counting your days of presence January 1, 2020.  You will be a resident in tax year 2020.

 

If you are married to a US resident or green card holder, you may be able to elect to file  married filing jointly with your citizen, full year US resident or green card holder spouse.  If you do this, then you can file as a resident with TurboTax. The election can be found on page 9 or Publication 519.  If you make this choice you must attach a statement signed by both of you to the tax return before mailing.  You will both need to declare your worldwide income.