Dual status tax resident- do I really need to file with no US income?
I arrived in the USA on December 22nd last year on a CR1 visa. From what I've read online, this makes me a dual status tax resident, meaning I'd need to file both 1040 and 1040NR forms. My filing status would be married filing separately, but I'm honestly wondering if I need to file anything at all. Here's why I'm confused - during the short period I was considered a resident alien in 2024 (basically just that final week of December), I literally had zero income worldwide. I did have income earlier in 2024 when I was still a non-resident, but none of it came from US sources and it was already properly taxed in my home country (UK). I left my job in the UK but my final paycheck wasn't issued until January 2025, and I didn't start earning any money in the US until 2025 either. Looking back, I probably should've just waited until January 1st to move, but due to some personal circumstances that wasn't possible. Now I'm stressing about whether I need to go through all this paperwork for what seems like a technicality. Any advice?
19 comments


Miguel Alvarez
You're actually in a pretty straightforward situation despite the dual status complexity. The good news is that you likely don't need to file a US tax return for 2024 at all, since you had no US-source income and no worldwide income during your brief period as a US resident. The general rule is that non-resident aliens only need to file if they have US-source income. For the resident alien portion (that final week), you would normally need to report worldwide income, but since you had none during that specific period, there's nothing to report. The IRS doesn't typically require filing a return just to document zero income during a brief residence period. That said, some people in your situation choose to file a simple return anyway, just to establish a record with the IRS that you're in compliance from the start of your immigration journey.
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CyberSiren
•Thanks so much for the detailed response! Just to be 100% clear - even though I technically became a "dual status alien" for that week, the fact that I had zero income during the resident portion means I can skip filing altogether? I was worried I'd need to file something showing $0 just to establish the record.
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Miguel Alvarez
•Yes, that's correct. If you had zero income while you were a resident alien (that final week of December), and no US-source income during your non-resident period, there's no filing requirement. The IRS is primarily concerned with collecting taxes on income, and without any income, there's no tax obligation to report. If you're still concerned about establishing a record with the IRS, you could file a return, but it's not required and most people in your situation wouldn't bother. Your first required tax filing would be for 2025, when you actually start earning income in the US.
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Zainab Yusuf
After dealing with a similar situation when I moved here from Canada, I discovered taxr.ai (https://taxr.ai) which was super helpful for navigating this weird dual status situation. I uploaded my UK documents and it analyzed everything, confirming I didn't need to file for the year I arrived since I had no US income during my brief residency period. What I really liked is that it also helped me understand what I'd need for filing in the following year and gave me documentation explaining the rules around dual status aliens that I could keep for my records just in case. Might be worth checking out if you want peace of mind without paying for a full consultation with a tax pro.
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Connor O'Reilly
•How exactly does taxr.ai handle foreign income documents? My wife is in a similar situation moving from Germany, and we have income statements in German. Does it recognize and translate foreign tax documents?
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Yara Khoury
•I'm a bit skeptical about using AI for tax advice, especially for immigration-related situations. How confident were you that the advice was correct? Did it reference specific IRS publications or just give general advice?
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Zainab Yusuf
•Their system processed my Canadian tax documents without any issues, and I believe they support multiple languages including German. The analysis includes document translation functionality, so you don't need to translate anything beforehand. The advice is backed by specific IRS citations and regulations. It's not just generic advice - it references the exact IRS publications and tax code sections that apply to your situation. In my case, it cited the specific rules about dual status aliens and filing requirements based on income thresholds. It's more like having a tax pro who can show their work than just getting vague guidance.
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Yara Khoury
Just wanted to follow up about taxr.ai that I was skeptical about earlier. I ended up trying it for my husband's dual status situation from Brazil, and I was genuinely impressed. The system actually showed me the exact sections of Publication 519 that applied to our situation and confirmed we didn't need to file for his partial year with zero US income. What really surprised me was that it created a detailed explanation document explaining why we weren't required to file that we could keep for our records. Gave us peace of mind knowing we weren't missing anything, especially since this was our first interaction with the US tax system. Just thought I'd share since my initial skepticism was misplaced.
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Keisha Taylor
If you do end up needing to talk to the IRS about your situation (I know some people prefer to get official confirmation), I highly recommend Claimyr (https://claimyr.com). I spent DAYS trying to get through to the IRS about my dual status question when I moved from Australia, and their hold times were insane. Claimyr basically calls the IRS for you and then connects you once they get through to an agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c. It saved me hours of waiting on hold, and the IRS agent I spoke with confirmed exactly what others have said here - no income during resident period means no filing requirement for that year.
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StardustSeeker
•Wait, how does this actually work? The IRS actually accepts calls from a third party service? I thought they'd have security measures to prevent this kind of thing.
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Paolo Marino
•This sounds like a scam. Why would I pay money to have someone else wait on hold for me? The IRS will eventually answer if you call at the right times, and I'd be worried about giving my personal tax info to some random service.
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Keisha Taylor
•It's not a third-party service pretending to be you - they just navigate the IRS phone system and wait on hold, then when an agent picks up, they connect the call to your phone. You're the one who actually talks to the IRS agent directly. It's basically like having someone else hit redial and wait through the hold music for you. The IRS doesn't know or care how the call reached them - when you're connected, it's just you speaking directly with the IRS agent. You don't need to share any personal tax information with Claimyr at all. They're just managing the hold queue, not participating in your actual conversation with the IRS. Think of it like having a friend dial and wait on hold, then hand you the phone when someone finally answers.
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Paolo Marino
Had to come back and eat crow about my Claimyr skepticism. After wasting 3 hours on hold with the IRS yesterday trying to get clarification about my husband's dual status situation (Philippines to US), I broke down and tried the service. Got connected to an IRS agent in about 35 minutes without me having to actively wait on hold. The agent confirmed that no income during the resident portion of a dual status year means no filing requirement - exactly what everyone here was saying. The peace of mind was worth it, and I saved hours of my life. Definitely recommend for anyone who wants official confirmation from the IRS without the endless hold music destroying your day.
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Amina Bah
Something to consider - you might still want to file Form 8843 if you were present in the US under a visa. It's not technically a tax return, but it documents your presence in the US as a non-resident. It's typically required for students and teachers on certain visas, but some immigration attorneys recommend it for anyone establishing residency to create a paper trail of compliance from day one.
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CyberSiren
•Is Form 8843 something I can just file on its own? Or would I need to attach it to some other tax form? I'm trying to avoid getting into the whole dual status return complexity if possible.
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Amina Bah
•Form 8843 is filed on its own - you don't need to attach it to any other tax return if you're not otherwise required to file a return. It's specifically designed as a standalone form for certain non-residents who don't have a filing requirement but want to document their status. However, I should clarify - Form 8843 is primarily for people on F, J, M, or Q visas. Since you mentioned you're on a CR1 (spouse visa), it's not typically required in your case. I apologize for any confusion. The general advice from the other commenters is correct - with no income during your resident period, there's no filing requirement for 2024.
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Oliver Becker
One thing nobody mentioned - if you have foreign bank accounts over $10,000 combined at any point during the year, you might need to file an FBAR form (FinCEN Form 114), even if you don't need to file a tax return. This is separate from the tax filing and has different rules.
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Natasha Petrova
•FBAR requirements are based on the highest combined value during the year, not just at year-end. Also, it applies to financial accounts, not just bank accounts - including investment accounts, pension funds, etc. The penalties for not filing can be severe, so definitely something to look into if you had UK accounts.
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Dmitry Sokolov
Just want to add another perspective here - I moved from Ireland on an H1B in November 2023 (so similar dual status situation) and had zero US income during my brief resident period. I didn't file anything for 2023 and never heard from the IRS. However, what I wish I'd known then is that establishing good recordkeeping from day one is really important. Even though you don't need to file, I'd recommend keeping documentation of your arrival date, visa type, and evidence that you had no income during the resident portion. This becomes useful context when you file your first full-year return in 2025. Also worth noting - if you're planning to apply for citizenship eventually, having a clean compliance record from the start (even if it's just documentation showing you correctly determined no filing was required) can be helpful during the naturalization process. The USCIS sometimes asks about tax compliance history.
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