Income tax after marriage and AOS on K1 fiancee visa

[studioguitarist 5]

It was only recently I learned that some non-residents working in the USA must file a 1040NR form and pay taxes to their country of tax residence (the case I heard about was someone from China). I am wondering if this will apply in our case. After my fiancee (from Malaysia) arrives here, we marry and apply for Adjustment of Status (green card) and receive permission for her to work, will she still need to file a 1040NR and pay taxes to Malaysia since that is her country of citizenship? She will of course be living here in the US and married to a US citizen (me).

I've been digging and digging trying to find the answer, with no luck.

~Thanks

[newacct 688]

First, whether one is subject to another country's taxes is determined by that country's law. Whether you are that country's tax resident depends on how that country defines tax resident. Each country is different. Can't really help you on that specifically.

For US tax purposes, if she has been in the country for 183 days in the year, she's a resident for the year (and even if she isn't a resident for the year, if you've married in the year, and you want to file jointly with her, she will be treated as a resident for the year). As a resident, she would file 1040, not 1040NR.

[studioguitarist 5]

Thank you very much.