@gmais28 thank you for your answers to my questions. Based on your answers :
(a) Your spouse is probably a resident for tax purposes
(b) If that is true then you two can file MFJ for 2024
(c) I am assuming here that has filed returns for 2022 and 2023 as Non-Resident and that currently she is on some visa , like K or similar ( to stay legally in the USA ).
(D) if on the other hand and based on exact facts and circumstances she is not a resident for tax purposes . then
1. you can file jointly and include a letter signed by both of you that you would like that she be treated as a resident for tax purposes. Note that this selection stays valid in forward years, unless cancelled.
2. In such a case her residency starts from the first day of presence in the tax year ( excluding any "exempt" status days).
Is there more I can do for you ?
