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navyhatch
New Member

why if my spouse is already a lifelong resident born in the US am I being asked to file with her as a Non resident alien?

the second question in My Info is asking to file with my wife as a nonresident alien or dual status, why
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4 Replies

why if my spouse is already a lifelong resident born in the US am I being asked to file with her as a Non resident alien?

Go back to My Info and edit your spouse's information.  On the screen labeled Tell us a bit more about (their Name) make sure that you have checked the box None of these apply.  And NOT the box (their Name) is a nonresident alien or dual-status alien spouse.  Continue with this section until completed.

 

Spouse Info Online.JPG

 

 

 

navyhatch
New Member

why if my spouse is already a lifelong resident born in the US am I being asked to file with her as a Non resident alien?

Thank you for the response, The question about filing as a non-resident actually appeared before I was asked to verify my wife's status. The questions were OUT of ORDER. Once I "continued" then I was given the option to mark my wife's status as a resident.

Daverodus
New Member

why if my spouse is already a lifelong resident born in the US am I being asked to file with her as a Non resident alien?

Gotta leave TurboTax also. I feel that if I proceed it implies that I consider my wife to be an a non-resident alien due to the wording of the questions. She a citizen born in us to parents, grand parents, great grand parents, great-great grand parents all born in the US. She has never left the US.

I 100% did not check the box indicating that she was. I’ve done my taxes with TT for 15 years and never asked.

 

question: Would you like to treat “wife’s name” as a US resident for the entire year?

Is this the first time you are choosing “Wife’s name to be treated as a resident? 

I have a Spanish last name. I served in the Marine Core during Desert Shield and Desert Storm. I was born on a US base. My dad was born in the US. He fought in Vietnam and he was also born on a US base to a father ( my grand father) that was in the military an born in the us.

KrisD15
Employee Tax Expert

why if my spouse is already a lifelong resident born in the US am I being asked to file with her as a Non resident alien?

There is an option for a "resident for tax filing purposes" (including U.S. Citizens) to make an ele..., along with their non-resident spouse, to both be treated as "residents for tax filing purposes" and file Married Filing Jointly on Form 1040. This has been on option afforded by the IRS for years. 

 

When one person is able to file Form 1040 as a resident

and another person who is not able to file 1040 because they are not a resident

are married, they can choose this option (to file Form 1040 together).

 

The question "Would you like to treat (spouses name) as a U.S. resident for the entire tax year?" only shows when you select "THIS PERSON is a non-resident alien or dual-status alien spouse".

 

If neither spouse is a nonresident you would not select the first option of "THIS PERSON is a non-resident alien or dual-status alien spouse", and therefore not be offered the second question. 

 

When elected, there is a statement that needs to be included with, and different instructions for, filing that return.

 

TurboTax added that second question to assist those taxpayers, by including the statement and directions for filing when making that type of election (election to file joint return). 

 

The first question "Your name is a nonresident alien or dual-status spouse" is not generated, it is asked for everyone using a TurboTax product. The question needs to be asked for each spouse since the program does not know which spouse is being entered first. 

 

@navyhatch 

@Daverodus 

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