Hello,
In 2021 I made the following election “This letter is for us to declare an election that both of us choose to be treated as U.S. residents for the entire tax year for tax return purposes and to file the 1040 return jointly. XXXXXX is a U.S. citizen, while xxxxxx (spouse) was not a U.S. resident on the last day of fiscal year 2021 within the meaning of IRC Section 7701(b)(1)(A)”
However, for 2022 I did not make any election. My wife arrived in the U.S. in August 2021, we were married in October 2021 and applied for “Adjustment of Status” in early November 2021. As of today (5/30/23), my wife is still waiting for her Green Card but as received a SSN back in September 2022. My questions are as follows:
- Did I file the correct election (IRC Section 7701(b)(1)(A) to file my tax return jointly with my spouse? If not, what election should I have filed? I ask cause I noticed there is another Joint Return Election (IRC 6013(g) and (h)) – so confusing???
- Are there any other elections I should have filed in addition to the one I filed above?
- Should I have filed the election again for 2022? If yes, do I just send it in to the IRS or do I need to make some sort of amended return?
- What will I need to do (i.e., cancel, suspend election, etc.) when my wife becomes a legal U.S. resident (gets Green Card).
I would greatly appreciate any assistance anyone in the TurboTax community can provide.
Regards
