Filing taxes while Green Card case pending (Alien Relative)

[Ivanovich 0]

I have came to US in January 2015 on visa to help my daughter fight cancer and she have filed I-130 case for me in July 2015, I have got my employment authorization card (I-766) in Sep. 2015 and worked since then. So I was all year in US and worked Sep - Dec. I'm waiting for a green card interview. How do I have to file taxes? As a resident with form 1040 or nonresident 1040NR?

[aaron2020 11,651]

You are required to file a US tax return and a state tax return for 2015.

File the 1040.

[Ivanovich 0]

You are required to file a US tax return and a state tax return for 2015.

File the 1040.

Just found on IRS https://www.irs.gov/Individuals/International-Taxpayers/Taxation-of-Nonresident-Aliens

It says:

" A nonresident alien is an alien who has not passed the green card test or the substantial presence test. "

I pass the substantial presence test, but not the green card test, as my case is pending. I'm a little confused here.

[newacct 688]

Just found on IRS https://www.irs.gov/Individuals/International-Taxpayers/Taxation-of-Nonresident-Aliens

It says:

" A nonresident alien is an alien who has not passed the green card test or the substantial presence test. "

I pass the substantial presence test, but not the green card test, as my case is pending. I'm a little confused here.

If you pass the Substantial Presence Test or the Green Card Test, you are a resident alien. So you are a resident alien.

[aaron2020 11,651]

Just found on IRS https://www.irs.gov/Individuals/International-Taxpayers/Taxation-of-Nonresident-Aliens

It says:

" A nonresident alien is an alien who has not passed the green card test or the substantial presence test. "

I pass the substantial presence test, but not the green card test, as my case is pending. I'm a little confused here.

Since you pass the substantial presence test, you are a residence for tax purposes. Being a residence for tax purposes has nothing to do with being a residence for immigration.

You are required to file a 1040 federal tax return for 2015.

[Ivanovich 0]

Thank you all, for help.