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File married/joint separate taxes

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  • File married/joint separate taxes

    If you file taxes married separately, which tax form should the non-US citizen use?

  • #2
    Maybe this will help:
    Aliens are considered nonresidents of the United States unless they meet the Green Card test or the Substantial Presence test.
    Nov 2018 - Package sent - EB - Texas Service Center
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    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Originally posted by Abby2018 View Post
      If you file taxes married separately, which tax form should the non-US citizen use?
      If he/she is a resident alien (i.e. passes the Substantial Presence Test or the Green Card Test), he/she would use the same form you use -- 1040. (Though if this is the first year he/she is resident, he/she will be dual status, resident only from when he/she entered the US.) If he/she is a nonresident alien, he/she would use 1040NR or 1040NR-EZ. Note that if his/her income is below a certain threshold, he/she is not required to file a tax return.

      This is my personal opinion and is not to be construed as legal advice.

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