see thes links:
https://www.irs.gov/individuals/international-taxpayers/resident-aliens#:~:text=You%20are%20a%20resi....
https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse
"In some cases, aliens can choose to be treated as U.S. resident aliens. For example, if, at the end of the tax year, you are a resident alien and your spouse is a nonresident alien, the two of you can choose to treat the nonresident alien spouse as a U.S. resident alien and file Form 1040 using the filing status married filing jointly."
