You could definitely file a joint return with your non-resident spouse, but there’s a chance you’d owe more tax. (Here’s how to do it in TurboTax…) You would attach a signed statement to your return, electing to treat her as a “resident for tax purposes” (non-residents can’t file a 1040).
So having that larger joint standard deduction would come at the cost of also having to include her income. (Yes—it’s normally exempt. But unfortunately that would change if she were considered a resident, as the IRS clarifies here. Then her worldwide income would be reportable to the U.S.)
Of course, it could possibly go the other way (less tax, greater refund), especially if there are child-related credits or something else in your scenario which wouldn’t help on a separate return. So trying it both ways to compare the results would be a great idea. (As would discussing the situation with your legal/immigration contacts to preclude any unintended non-tax issues…)
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