DanielV01
Expert Alumni

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It depends.  While he technically may not on his own qualify to file as a resident, if you are an American citizen, then you may prepare a statement that says you elect for him to be treated as a resident for tax purposes, which would then make all of his worldwide income taxable.  You would then be able to file a joint resident return.  Here is an IRS website with more information on this provision:  Nonresident Alien Spouse | Internal Revenue Service.  Click on link and scroll to following heading:

Election to File Joint Return
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