It was a great help to have my other question answered. I do have another one, though. I was married to a US citizen in January of 2005. When filing my taxes for 2004, do I use my marital status for the year which I am filing (2004), or do I file as a married person? My wife has already filed her taxes under single status for 2004. We are legally married, and the paperwork for the Green Card has been filed, but I have not yet received it. Should I simply file the 1040NR form using my information from 2004 as my wife did?

Kgray:

For 2004, you file for your marital status as of 31 Dec 04. Based on what you said below, you should file as a SINGLE person using Form 1040NR.