Get your taxes done using TurboTax

You would need to decide how YOU want to file your US 1040 if you file as a resident for US filing purposes. 

If 2024 was the first year of your marriage, and you normally file a US 1040, you must file Married Filing Jointly. Married Filing Separately, or in some cases you may be allowed to file Head of Household. 

If you both want to file Married Filing Jointly, you would need to both agree to the election to report all worldwide income on the US 1040. You may get a Foreign Tax Credit or Exclusion of Foreign Earning Income. 

If you both do NOT agree to make that election, you file your 1040 as Married Filing Separately (unless you qualify as Head Of Household).

Since your husband has not fulfilled the Substantial Presence Test, he alone would not qualify to file a US 1040, but as your spouse (if you do qualify to file Form 1040) you both can make that election. 

ERE are the steps you would follow to make that election:

• For the first year you want to file an election to have the spouse treated as a resident for tax purposes, you must file MFJ
• The first year filing MFJ, inform the IRS of your election.
• Spouse is taxed as Resident for tax filing purposes
• Report all worldwide income, including all foreign income.
• May be allowed a Foreign Tax Credit or the Foreign Earned Income Exclusion (FEIE).

Election is valid until suspended or revoked

Once revoked, the election is no longer available to that non-resident alien

1. Prepare the return in the software
2. Select “Spouse is a nonresident alien or dual-status alien spouse” and then select to make the election
3. Use the ITIN for the nonresident if applicable. If no ITIN, use 999-88-9999 and erase after printing*
4. Enter worldwide income for both spouses*
5. Select “Foreign Taxes” under “Deductions and Credits” “Estimates and Other Taxes Paid”
6. Continue through the interview for the credit or deduction*
7. Select “File by Mail” and print the return
8. Both sign statement provided by TurboTax software
9. IF ITIN used, mail tax return and statement to address indicated on TurboTax instruction sheet
10. IF NO ITIN, white-out the bogus SS#, include W-7 Mail package to the address indicated on W-7 instructions (Austin, TX)

 HERE is more information