Hello? am I resident alien or non resident alien?

Asked 9 months ago - New York, NY

I have been in the US since 2010 and married to a US citizen in 2013. We didn't apply for my green card yet but can we file taxes jointly? am I considered as a resident alien?

Thanks

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . You are not an LPR. The rest, you need to discuss with an accountant.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Ajay Kumar Arora

    Contributor Level 19

    7

    Lawyers agree

    Answered . File you taxes jointly. Although not required to prove a good faith marriage, it shows co-mingling of assets and cohabitation.

    File as a resident alien based on the "substantial presence" test. You will be taxed on your worldwide income. Check with a tax attorney for case specific tax assistance.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. C. C. Abbott

    Contributor Level 20

    6

    Lawyers agree

    Answered . USCIs and IRS defines resident in different contexts. The IRS has a handbook for assisting non US Citizens to file taxes. One is not a LPR for immigration purposes without filing the I-485.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  4. Guerline Ladouceur-Laurore

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . You can file taxes jointly but you are not a resident alien just by virtue of being married to a USC. He must apply on your behalf. Consult an attorney if you need further assistance.

    This answer is not intended to replace a consultation with an attorney and does not create an attorney-client... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    Answered . I tend to think that you may benefit by filing jointly, however, the exact tax determinations should be explained to you by a local CPA.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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