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Amending 2023 and 2024 1040 Tax Return to change status from MFS to MFJ.

Hi community,

 

I am a US Citizen and I got married to a Pakistani girl in 2022.

 

I filed 2023 and 2024 Tax Return as Married Filing Separately as my wife was non resident. 

 

She has become a permanent resident in May 2025 and is here in US now. I was told by my CPA that I can amend my 1040 for 2023 and 2024 to change the status from MFS to MFJ to get more refund after my wife comes here and gets SSN.

 

While doing my research, I came across an election that needs to be made in order to treat a non resident spouse as resident for US for tax purposes for amending. My wife is a homemaker and didn't earn anything. The election is 6013(g). 

 

Can somebody confirm whether I need to make that election and what are the pros and cons of that election? What else is needed for amendment apart from updated 1040 and 1040-X?

 

Also, are there any consequences or danger of getting audited if I do this?

 

Also, I wanted to confirm whether I can use her SSN that is issued in 2025 for 2023 and 2024 tax returns?

 

Thanks.

 

 

 

 

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2 Replies

Amending 2023 and 2024 1040 Tax Return to change status from MFS to MFJ.

Yes, you can amend those past years to file jointly with her new social security number and yes, make the election 6013(g). You will likely get a refund. Don’t worry about an audit if you have done everything correctly. 

Amending 2023 and 2024 1040 Tax Return to change status from MFS to MFJ.

Thanks a lot. @Bsch4477 

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