DaveF1006
Expert Alumni

Get your taxes done using TurboTax

It depends. There was a process you would have had to go through to be able to file married filing jointly in 2021. Here is the process that needed to be performed. Once you completed your return, you would have needed to do the following.

 

  1. 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, and you are choosing to both be treated as US residents for the tax year.
  2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.   

I assume that your spouse had a Social Security Number already and this allowed you to electronically file the return. If you did go through the process that I outlined above, you should have a hard copy of the return with the statement you prepared. if you don't have the statement, you did not make that first year election. If you didn't make the election, you will need to amend the 2021 return and file Married filing Separately.

 

If your spouse remained in  the US for all of 2022, 2023, and 2024, you will not need to amend your returns because your wife would have satisfied the substantial presence test for those years.

 

 

 

 

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post