Get your taxes done using TurboTax

Yes, you can file your return jointly with your spouse if you elect to treat the nonresident alien spouse as a resident for tax purposes.  

If you choose this option, you will need to include ALL of your spouse's worldwide income on your tax return.  This income will then be subject to US tax. However, you may be able to take credits for any taxes your spouse paid on the foreign income. 

Here is how to do it on the resident portion of your tax return (Form 1040:(

1. Prepare your return as you normally would in TurboTax. 
2. Select the option to File by Mail.
3. Attach a statement to your return, signed by both of you that states that one of you is a US citizen, and the other is a nonresident alien and that you are electing to both be treated as US residents for tax purposes. Include the full name and address of each spouse on this letter, as well as your social security number and your spouse's ITIN*.  (Note: this does not affect the nonresident alien's immigration status.)   

Once you make the election to treat a nonresident alien as a resident for tax purposes, this election stays in effect until it is suspended or revoked.  Also, it is a once in a lifetime election. Once revoked, the nonresident alien spouse cannot elect to be treated as a resident in the future, even if married to someone else.   Learn more about this by clicking on this link IRS information for nonresident alien spouses. 

*If your spouse does not have an ITIN, follow these steps to apply for one:

• Fill out Form W-7 (You can find it here: Form W-7)and attach this form, as well as all necessary documentation, to the tax return.
• Mail the return to the address specified in the instructions for Form W-7 (found here Form W-7 instructions).
• If you live in a state that has an income tax, file for an extension of time to file with your state. Mail your state tax return after you receive the ITIN from the IRS.  

TurboTax does not support the nonresident tax form, 1040NR.  For that portion, we recommend SprintTax.com.