It means, if one person is a nonresident but spouse is a US resident. In order to file jointly, the resident spouse has an option to make an election to claim the nonresident spouse as a resident. See here: Nonresident to resident Once the election is made, he or she will need to file a Form 8938 if meet the requirements. 8938 vs FinCen However, if the nonresident spouse remains his or her nonresident status, Form 8938 would not apply.
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