In general, you can amend your state and/or your federal, but did the state make the change and you are trying to disagree with it? If so, you would respond to the letter they sent you.
When you say your spouse is not a US Citizen or Resident, does that mean they live in another country?
If they live in another country, do you live in that country as well since you said you lived with them?
If you filed as HOH for federal and your spoused lived with you or you lived with them at all during the last 6 months of 2023, you cannot file as HOH and would need to Amend Your Return
Your only filing options would be Married Filing Jointly and Married Filing separately. You cannot claim your spouse as a dependent.
In both situations, your spouses SSN or ITIN must be included on the return in order to e-file.
If they do not have an SSN or ITIN and you choose to file Married Filing Separate ,you can type NRA in as your spouses last name. Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for her SSN.
If you file as Married Filing Separate, then you would only include your income.
If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, you would need to include their income on your return as well and they would be taxed on it. If you choose filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to
IRS
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
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