ErnieS0
Expert Alumni

Get your taxes done using TurboTax

It depends. There are two issues.

 

Marriage. The IRS recognizes any marriage that is considered valid in the place where the ceremony is performed. Rev. Rul. 2013-17 addresses same sex marriages but the background describes marriages in general.

 

Filing status. You don't say whether you and your spouse are US citizens or US residents or nonresidents and whether you lived in the US in 2021.

 

US citizens and residents can file as married. A US citizen or resident married to a nonresident can elect to file joint. See nonresident spouse.

 

A nonresident filing a nonresident tax return would file separate. There is no option to file joint on Form 1040NR.

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