Personal Finance & Money Asked on August 18, 2020
I am a resident alien for tax purposes (H1B visa). My wife is on H4 dependent visa in the USA. She has been in USA for 189 days in 2019. 0 days in 2018 and 2017. She cannot apply for an SSN. She doesn’t have an ITIN yet. We are trying to Married filing jointly
.
Substantial presence test for my wife: 189 + (1/3)*(0) + (1/6)*(0) = 189
It looks like to me that she a resident alien based on a substantial presence test.
My questions:
yes
, do we no longer need to worry about electing to choose her as resident alien?You guys cannot use Nonresident Spouse Treated as Resident since neither of you was nonresident at the end of 2019. Rather, you can use Choosing Resident Alien Status. Both of those accomplish the same thing -- make both of you resident aliens for all of 2019 and allows (and requires) you to file jointly. Dual-status aliens cannot file jointly, so this choice is needed to file jointly.
So your options are:
Another consideration is, if you didn't already get the stimulus check, then filing jointly with your spouse who doesn't have an SSN will disqualify both of you from getting the stimulus payment (at least under current law; don't know if it will change under an upcoming stimulus bill), whereas if you file separately, and your AGI when filing separately still qualifies for the stimulus payment, you might still get the stimulus payment.
Correct answer by user102008 on August 18, 2020
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