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Filing as an L1 visa holder

Forum|Forum|3 years ago
February 28, 2023
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Hello - can i file married jointly or do I have to file married but separately?

I have an L1 visa and my wife has an L2 visa (with EAD). She has been working since June of 2022, but I have been working since end of 2020. We've both been in the US since then. This would be the first time we both have incomes to report.

Should we file married jointly or separately? Thanks in advance!

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Best answer by ErnieS0

Yes. You can file a joint return. You both meet the substantial presence test to be considered U.S. residents for tax purposes. You can file a regular Form 1040 and not a nonresident Form 1040NR.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.

See Substantial Presence Test.

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ErnieS0Answer

Yes. You can file a joint return. You both meet the substantial presence test to be considered U.S. residents for tax purposes. You can file a regular Form 1040 and not a nonresident Form 1040NR.

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.

See Substantial Presence Test.

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saschastier77-tu

@ErnieS0 thanks for the information. I am in the same situation but on top i would likle to know if i can claim my Children as dependets? thank you so much

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AbrahamT

Yes, The child does may be claimed as a dependent and does not need to pass the substantial presence test as long as the parents passed the substantial presence test and the child lived with the parents more than half a year See HERE for a further discussion on this topic

Enjoy!

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