Will my status be Non resident alien ? Should i file separately or jointly ? which form should i use 1040 or 1040NR or 1040NR-EZ?

[bhaudipmehta]

Questions :

Should i file it electronic or physically?

Will my status be Non resident alien ?

Should i file separately or jointly ?

which form should i use 1040 or 1040NR or 1040NR-EZ?

Can i put my spouse as dependent ?

i am L2 VISA holder and reside in USA since 04/21/2018.my spouse is on L2 B VISA and is not getting paid here in USA.I am working here as i have work authorization card.I have W2 , SSN and Employment authorization card.

Please Guide me .

[LinaJ2018 · Accepted solution]

You will be a dual status.

1.  You have to file manually.  Write "Dual-Status Return" across the top of  Form 1040. Attach a statement to your return to show the income for the part of the year you are a nonresident. You can use Form 1040NR as the statement, but be sure to mark "Dual-Status Statement" across the top.

2.  You will be a dual status.  You will be filing as nonresident from January until April on Form 1040NR if you have any US source income ( enter all zeros if you don't have any)  Then a resident form 1040 reporting worldwide income.  See Sprintax for 1040NR or download from the IRS website, see 1040NR. 

3.  Married Filing jointly is recommended as it maximizes your refunds by allowing you most of the credits and deductions.  However, if your spouse does not have an SSN or ITIN, it might be easier to file separately so you do not need to apply for an ITIN. 

4.  It is possible you can claim your spouse as a dependent only if you file a separate return and in the year of 2018: your spouse

                         -had no gross income, 

                         -isn't filing a return, and 

                         -wasn't the dependent of another taxpayer.

If you were married and filed jointly, you cannot claim your spouse as a dependent.