KarenJ2
Expert Alumni

Get your taxes done using TurboTax

The IRS allows you to make the choice to file as married filing jointly when one spouse is a nonresident. 

 

You both must sign a statement attached to your joint return that you print and mail..  You cannot e-file.  You will both need to declare your worldwide income for calendar year 2019.

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

Publication 519    

See page 9 of Publication 519 for the statement you need to attach.

 


 

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