Solved
I came to US last year. So totally 140 days stayed in the USA. I want to file my tax as Married filling jointly. Is that possible?
I need to file Married filling jointly instead of Married filling separately.
File separately in 2022. To qualify as a U.S. resident for tax purposes you need 183 days in the U.S. during the 3-year period that includes the current year and the 2 years immediately before that. You have 140 days.
See Substantial Presence Test.
You can’t file jointly as a non-resident.
Your wife does not have to file a 2022 U.S. income tax return because she was not in the U.S. and did not have (I’m assuming) any U.S.-connected income.
TurboTax does not support the nonresident income tax form (Form 1040-NR).
You can file with TurboTax partner Sprintax.com.
You should be able to file together on your 2023 tax return.
See Nonresident Spouse.
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