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Hello? am I resident alien or non resident alien?

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. 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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. 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 as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.


  3. 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 relationship.


  4. 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 be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  5. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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