If you file taxes married separately, which tax form should the non-US citizen use?
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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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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.Originally posted by Abby2018 View PostIf you file taxes married separately, which tax form should the non-US citizen use?
This is my personal opinion and is not to be construed as legal advice.
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