Question

Resident or Nonresident Alien?

Forum|Forum|6 years ago
June 1, 2020
1 reply
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Got married during 2019 and am filing with "married filing jointly" status for the first time. Spouse entered in the US on a K-1 visa in October 2019 and is currently going through the greencard process. We are in California.

Is my spouse considered a resident or nonresident of California during 2019?

Thanks for the help in advance!

TurboTax Premier Online

DavidS127

Assuming you are a U.S. citizen or resident alien, you have the option to treat your nonresident spouse as a resident and file a joint tax return. If you select that option, your spouse is treated as a resident of California.

You treat your nonresident spouse as a resident for tax purposes by making the choice described in IRS Publication 519, U.S. Tax Guide for Aliens at this link, designating your spouse as a resident in TurboTax, and attaching a required statement to your mailed (not-efiled) tax return.

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