DianeW777
Expert Alumni

Get your taxes done using TurboTax

Yes you can file together. It is my understanding that both you and your wife individually met the residency requirements independently by each using the first-year choice. As our awesome tax expert @ErnieS0 indicated.

  • You cannot file a joint return. However, a dual-status alien who is married to a U.S. citizen or a resident alien may elect to file a joint return with his or her spouse. Refer to Nonresident Spouse Treated as a Resident for more information.
    • Your spouse is not a nonresident at the end of the year.

Resident Alien at End of Year

You must file Form 1040, U.S. Individual Income Tax Return if you are a dual-status taxpayer who becomes a resident during the year and who is a U.S. resident on the last day of the tax year. Write "Dual-Status Return" across the top of the return. Attach a statement to your return to show the income for the part of the year you are a nonresident. You can use Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents as the statement, but be sure to write "Dual-Status Statement" across the top.

 

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