@taniagov007 wrote:
what did you do ? I have the same case I was married in march 2021 , but my husband was not a resident or us citizen , he became an us resident on 2024 , but i have to do my taxes from 2021,2022,2023,2024. I was using an expat page but i dont know if i have to added him an his social? does he count to get the Economic payment ?
When you are married, you must file as married. Since your spouse was not living in the US, one of your choices was to file as married filing separately, or head of household if you provided care in your home for a qualifying dependent. If you did that, you have no need to file amended returns. Your other option was to file married filing jointly, by declaring your spouse's world-wide income and getting a US tax number (ITIN) for your spouse by filing a W-7 application.
If instead, you filed as "single" for 2021-2023, you need to file amended returns to change that. Now that your spouse has an SSN, you can file the amended returns pretty easily. You still have the same two choices. You can file as married filing separately (amend to change from single to MFS) or you can file jointly (amend to change from single to MFJ). If you file jointly, you must declare all your spouse's world-wide income (if they got income in their home country). You can claim an offsetting tax credit if they paid foreign income tax on the same income.
Your spouse is not eligible for any COVID or other stimulus payments for 2021-2023 because they did not have an SSN at the time, even though they have it now. Turbotax might add it anyway (because the program does not understand the situation) but the IRS is likely to remove it.
