DaveF1006
Expert Alumni

Get your taxes done using TurboTax

No. Since you filed Married filing jointly in 2022, your spouse will need to pay FICA taxes. No refund is available.\

 

According to this Turbo Tax article, if you made the choice to file Jointly in a previous year, this election is permanent unless it’s suspended or revoked. Once revoked, the nonresident alien can’t elect to be treated as a resident in the future, even if married to someone else.

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