Hi,
I got married to a non-US citizen in the summer of 2020. We are using the filing status as MFJ.
Per the IRS website, I should include the below when filing jointly.
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
- A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
- The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)
I’m on the Ready to File page on the Turbo Tax website, and it indicated that I can e-file my tax return. However, as per the IRS guidance, in order to fill jointly with my non-resident alien spouse, I would have to file by mail and attached a statement.
- Could you let me know if I can e-file this tax return? If so, how would I attach the declaration?
- If I cannot e-file and have to file by mail, how would I go about filing the state return? Because when I chose the Federal as "file by mail" and the state as "E-file", I’m getting the following message, "this return cannot be e-filed before your federal return has been e-filed. You will need to e-file this return at the same time as your federal return, or after your federal return has been e-filed.”
Thanks in advance.
