Do I need to file Injured Spouse with an amended (married filing joint) return?

[MrsHenry]

I have already filed our 2019 taxes with the "Married Filing Joint" status, and it has already been accepted. With the IRS already having accepted the return, I have since found out that the tax refund I would normally receive in years past is now being offset to pay a past-due obligation (student loan) owed by my spouse. He has had this debt since before we were married, as well as before we even met. Now, since we live in a community property state, I learned that that also qualifies me to file for "Injured Spouse" in order to get the refund back. We're newlyweds, and therefore, also new at filing taxes as a married couple. So, I don't know if I can file for Injured Spouse by itself or do I need to amend (file 1040x) as well?

Also, if I do have to have to amend, would I need to amend my state return too or just federal?

[DavidD66]

You do not need to amend either of your returns.  You can file an Injured Spouse form by itself.  If you file the Form 8379 by itself after a joint return has been processed, then processing will take about 8 weeks. To avoid delays, be sure to follow the Form’s instructions.

I am enclosing a link to the form 8379 and its instructions.

http://www.irs.gov/pub/irs-pdf/i8379.pdf