Maintaining green card by filing tax returns

[TJX37]

Hi all, as you know it's tax season and so I'm doing research to see the best/correct way to file my taxes together with my wife (green card holder) in order to avoid complications regarding her status in the future.

During this process, I ran into this on the USCIS website: Declare yourself a “nonimmigrant” on your U.S. tax returns could abandon permanent resident status.

Question: What boxes to check or fill on the tax forms to avoid this issue? Or is it just a matter of using right tax forms that we should use 1040 for US Citizens and permanent residents, do NOT use 1040NR for nonresident/nonimmigrant?

Please let me know. This question has been on my mind for many days. Thank you guys.

[Enub4]

If you use "married filing jointly" you will not have any issues. Some need to file separately, just avoid the forms for non-residents.

[TJX37]

So there is no way to actually declare immigrant status on tax form right? You can "declare" by choosing the right form which is 1040 for immigrant/resident.

[Mtplace]

I've never had to declare my Immigrant status on my tax forms, and I use an accountant. We file as "married filing jointly". Unless the rules have changed, which we'll find out on Monday, I don't see why you would say anything. As long as you file your taxes, like you're supposed to, and you have a SS number, you'll be fine.
If I hear anything different on Monday, I'll reply here.

[azblk]

If you use "married filing jointly" you will not have any issues. Some need to file separately, just avoid the forms for non-residents.

Are there tax forms for non residents?

[Enub4]

Are there tax forms for non residents?

Yes, https://www.irs.gov/pub/irs-pdf/f1040nr.pdf

But to use the NR forms you need to do an ISR resident test before deciding to use it.

https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

even if you are non resident alien, you can be considered as resident for tax purposes by the IRS.