Turbotax filing question

[KoreaninHawaii 60]

Hello all,

I am trying to do my taxes this year. I am currently married to my wife who came on a K1 visa. We got married on Oct 11 2024 and at the current time of this writing we are awaiting her I-485 case to be approved. I usually use turbotax to do my taxes but this year I need some help. My wife received her EAD card on Feb 26 2025 and her SS card on Feb 28 2025.

She has not worked since arriving in the USA and she was unemployed for a few years prior to her arrival here to USA (she live in Philippines). I am filing jointly and there's a question asking: "is a nonresident alien or dual-status alien spouse". I am unsure if I should check the box for the question or not.

Any help would be much appreciated thank you.

[Crazy Cat 42,757]

4 hours ago, KoreaninHawaii said:

I am filing jointly

 

A dual status alien is someone who is a resident alien for only part of the year.  This could be helpful if she had significant income prior to entering the US.  That does not seem to fit your case.  She does not have a Green card, thus she fails the Green Card test.  It seems she was not in the US for 183 days during the three-year period that includes the current year and the two years immediately preceding it., thus she fails the substantial presence test.  That leaves her as a non-resident alien.   However, to file a joint return, she must elect to be treated as a resident alien for tax purposes.

Dual status aliens cannot file a joint return.  Non-Resident aliens cannot file a joint return unless they elect to be treated as resident alien for tax purposes.

Edited March 1 by Crazy Cat

[KoreaninHawaii 60]

5 hours ago, Crazy Cat said:

 

A dual status alien is someone who is a resident alien for only part of the year.  This could be helpful if she had significant income prior to entering the US.  That does not seem to fit your case.  She does not have a Green card, thus she fails the Green Card test.  It seems she was not in the US for 183 days during the three-year period that includes the current year and the two years immediately preceding it., thus she fails the substantial presence test.  That leaves her as a non-resident alien.   However, to file a joint return, she must elect to be treated as a resident alien for tax purposes.

Dual status aliens cannot file a joint return.  Non-Resident aliens cannot file a joint return unless they elect to be treated as resident alien for tax purposes.

Thank you so much for the info and help. 💓