Hello, Should I amend my taxes and add my spouse? My foreign born spouse did not receive the CR1 visa until March 15, 2019 and after I filed my taxes as single.

[KarenJ · Accepted solution]

Yes, you can amend your return to file married filing jointly.  She will need a SSN or ITIN to file. 

If you were considered married on December 31, 2018, you can only file your 2018 taxes as married filing separately or married filing jointly.  The IRS states you cannot file as single if you are married.

If she was not a resident in 2018, you can still amend your return and file as married filing jointly by making an election to file a joint return.  She will need to declare  her worldwide income for 2018.

You will need to create the manual statement requesting to file married filing jointly for a nonresident alien to file a joint return. You will need to attach your statement to your amended return.  You can find the information on the statement on page 9 of IRS publication 519. 

Publication 519

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