OK, here is how you will file.
- Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.
- List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.
- For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.
This return, with the attached statement will need to be printed and mailed to the IRS. Turbo Tax will provide you with complete mailing and filing instructions.
As far as the FICA matter, since you are stating for are being treated as a US resident for tax purposes but still identified as a nonresident alien, you still do not have a FICA reporting requirement until you actually become a resident alien or US citizen.
@Oindry
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