AoS in Process - Check "Not a US Citizen or Resident Alien?"

[Avery Cates 1,141]

Hello all,

I'm not sure what to check here, whether my wife should be checked off as "Not a US Citizen or Resident Alien" while we're in the AoS process. If seems if that's checked off, we need to fill out a 1040NR though we're filing jointly, is that accurate? Or since we're in the process of adjusting status, is that not going to really matter if we don't check that and continue on as normal?

[CarlosAndSveta 808]

Hello all,

I'm not sure what to check here, whether my wife should be checked off as "Not a US Citizen or Resident Alien" while we're in the AoS process. If seems if that's checked off, we need to fill out a 1040NR though we're filing jointly, is that accurate? Or since we're in the process of adjusting status, is that not going to really matter if we don't check that and continue on as normal?

In order to file jointly with your wife you and her must elect for her to be treated as a resident alien for 2013 tax purposes. The election must be attached to your return which means that you will not be able to file electronically. If you make this election then you treat your wife as a resident alien on whatever software you are using. You will use Form 1040 to file your joint tax return.