Hi all, seeking some guidance now that the deadline to file US taxes is quickly approaching (even with the extension). Here's a bit about our situation:
- My husband is Canadian and moved to the US on the K1 visa on December 12, 2020
- He earned all income in Canada and has filed Canadian taxes for 2020
- He has zero earned income in the US in 2020
- We would like to file married filing jointly
- He has an SSN
I've started and stopped my return on TurboTax multiple times. I get stuck when I get to the Foreign Earned Income section where it checks to see if we can exclude foreign income from US taxes.
The first question on Turbo is did my husband live and work outside the US in 2020. The answer is yes. He lived and worked in Canada until December 12, 2020
The next question whether he was a US citizen in 2020 while working outside the US. The answer is no.
This is the question that stops me: was he a resident alien while living and working outside the US in 2020 (with a note that it is possible for a nonresident alien to elect to be treated as a resident alien and to consult a tax pro if this is your scenario). The choices are:
- Yes he is a US resident alien
- No he is not a US resident alien
Selecting "Yes" brings me to the Bona Fide Resident Test or the Physical Presence Test.
Selecting "No" brings me to the 1040NR.
Any guidance is greatly appreciated! You all have been so helpful in the past.