No. According to the IRS, there are no tax treaty benefits available to a non-resident in this case scenario. This is explained in this IRS document. She can be treated as a resident alien for tax purposes only and I will discuss the steps on how to to this at the end of this post.
She cannot be a resident alien for tax purposes and a non-resident for tax purposes. You can choose to file jointly for federal purposes and married filing separately for Illinois tax purposes however.
You can prepare your return using Turbo Tax Online but you would need to print and mail the return because of the documents required. Here is how to file Married Filing Jointly.
- 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. If you do not have these, you will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf). This form will be attached to your tax return. Turbo Tax does not support the Form W-7. You can complete it outside of Turbo Tax. You will have to print, sign and mail your return in if you are using Form W-7.
- 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.
- Once complete, you will need to print and mail your return with all of the supporting documents attached.
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