Amend filing status from Single to Married Filing Jointly

[xyzabc]

Hi,

I am a US resident alien who got married to a non-resident spouse in OCT 2021. My spouse moved to US first time in mid-2022 and later obtained her SSN.

I had filed my 2021 taxes as single. Can I amend filing status to MFJ now?

[Bsch4477]

Yes. Since you were married in 2021 you should have filed jointly then. 

[xyzabc]

Regarding health insurance, she wasn't insured entire 2021 because she wasn't in United States. So During tax filing when I put her health insurance status(Not insured in 2021), California state department give me some penalty!? What should I do!? Should I still go with the MFJ with paying the penalty!? 

[Bsch4477]

She is exempt from the penalty since she didn’t live here. Look for exemptions when you do the interview for tat section on the state return. 

https://www.coveredca.com/learning-center/tax-penalty-details-and-exemptions/exemptions/

[xyzabc]

Do I need to file exemptions for her before filing tax amendment for 2021 or can I just say yes to for exemption while filing tax2021.  Currently, I don't have her ECN number for the exemptions. Is it OK in this case, without ECN  number, I can file a tax amendment for 2021?

[xyzabc]

> Yes. Since you were married in 2021 you should have filed jointly then.

Since we don't have her SSN and ITIN at that time so I proceed with Single status while tax filing for 2021. 

[Bsch4477]

Well, since you were married you can’t file as single but to your point about an exemption number, you don’t need that. In the state section you are asked if you had health coverage. Answer that you didn’t have it. Then continue and scroll down to Wasn’t required to get insurance. Choose Resident of foreign country and you will not get the penalty.