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Seemoreglass83

Resident or non resident?

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Filed: K-1 Visa Country: Colombia
Timeline

So my wife and I got married on dec 27, 2021 on a k1 visa. I'm trying to file our joint taxes using turbotax and it is asking if she is a resident alien or non resident alien. If I try to select nonresident, it says turbotax doesnt offer those forms. I understand I can ask that she be treated as a resident alien since we were married. Do I just check resident alien?

 

Anyone with experience with turbotax would be greatly appreciated 

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Filed: F-2A Visa Country: Nepal
Timeline

Does she have the SSN?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: F-2A Visa Country: Nepal
Timeline
22 minutes ago, Seemoreglass83 said:

Yes

You can select her as resident. Usually you are supposed to provide a statement that you chose to treat her as resident alien for that year. Some mail the tax return to provide such statement while some hace successfully filed online without providing such statements.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: England
Timeline
8 hours ago, Seemoreglass83 said:

So my wife and I got married on dec 27, 2021 on a k1 visa. I'm trying to file our joint taxes using turbotax and it is asking if she is a resident alien or non resident alien. If I try to select nonresident, it says turbotax doesnt offer those forms. I understand I can ask that she be treated as a resident alien since we were married. Do I just check resident alien?

 

Anyone with experience with turbotax would be greatly appreciated 

Yes if you choose for her to be a resident alien, then answer all questions that she is a RA. She will need a SSN or ITIN to file jointly with you. You will also report her UK income found in TurboTax under “Less Common Income”. That’s where it will ask if you had foreign income. TurboTax will not let you include the statement with an efile. You would have to print for mailing. 

 

The reason answering nonresident isn’t working is because nonresidents can’t file jointly. They also file 1040NR instead of a 1040.

 


 

 

 

 

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Filed: K-1 Visa Country: Colombia
Timeline
On 4/2/2022 at 7:19 PM, Wuozopo said:

Yes if you choose for her to be a resident alien, then answer all questions that she is a RA. She will need a SSN or ITIN to file jointly with you. You will also report her UK income found in TurboTax under “Less Common Income”. That’s where it will ask if you had foreign income. TurboTax will not let you include the statement with an efile. You would have to print for mailing. 

 

The reason answering nonresident isn’t working is because nonresidents can’t file jointly. They also file 1040NR instead of a 1040.

 


 

 

 

 

Thanks so much. Do you know if I need to include that statement when mailing state returns or just federal?

Edited by Seemoreglass83
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Filed: Citizen (apr) Country: England
Timeline
1 hour ago, Seemoreglass83 said:

Thanks so much. Do you know if I need to include that statement when mailing state returns or just federal?

 Probably not. 

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