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    Legend33's Avatar
    Legend33 Posts: 1, Reputation: 1
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    #1

    Mar 26, 2011, 07:00 PM
    Dual Status - Married - How to file tax return?
    I am an American Citizen who is married to a Canadian citizen. My wife (Canadian citizen) received her Green Card in December 2010 and legally migrated to the US in December 2010. All income she earned in 2010 was in Canada. I know since she received her lawful permanent resident status in 2010, that means she has to file a US tax return. We are going to file married joint, but my question is can she file dual status so that she is only taxed on her Candian income on the US Return for the 1 month she was in the US? How do "we" file a joint return, but "she" file dual status? Do we file a joint return, and then she files a non-resident one on her own for the 11 months she was in Canada? Help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 12, 2011, 12:52 PM
    If you file jointly, you CANNOT file dual-status, because the dual-status return can ONLY be filed by a single person.

    If you file separately, you can file as a resident, and your wife can file dual-status, and it MIGHT be the best way to file, but, more than likely, the joint return is the better for you tax-wise.

    If you need professional help filing your return, email me at [email protected] or [email protected]. This IS what I do!
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