topic I am married to a US citizen but I am not a citizen nor a resident yet (I applied to Adjustment of Status and I am waiting on my green card), we will be filing jointly. Can I use turbotax?? in Get your taxes done using TurboTax

I am married to a US citizen but I am not a citizen nor a resident yet (I applied to Adjustment of Status and I am waiting on my green card), we will be filing jointly. Can I use turbotax??

anafranciscapela — Mon, 03 Feb 2020 20:24:43 GMT

Last year I purchased Turbotax Plus just to find out it does not accept non residents after my return was accepted by the IRS, I had to hire another tax professional to submit an ammendmentand ended up wasting money and time. In order not to loose money this year purchasing something I won't be able to use, I need to know if I can use the software to file or if I need to file and physically mail.

I was on an F1 visa from 2016 to 2019, got married in May 2019 and started my Adjustment of Status process. As of Dec 31st of 2019 I was still in the process, which means I wasn't on an F1 visa nor was resident, just applying for residency. I will file taxes jointly with my husband who is a citizen, can we use TurboTax?

Re: I am married to a US citizen but I am not a citizen nor a resident yet (I applied to Adjustme...

DanaB27 — Mon, 03 Feb 2020 20:42:39 GMT

Yes, you can use TurboTax if you file jointly with your spouse and choose to be treated as a resident.

Since you are a non-resident alien you will need to attach a statement, signed by both spouses, to your joint return for the first tax year for which you choose to treat the nonresident as a U.S. resident for tax purposes. It should contain the following information:

A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Please see Nonresident Alien Spouse for details.

Re: I am married to a US citizen but I am not a citizen nor a resident yet (I applied to Adjustme...

anafranciscapela — Mon, 03 Feb 2020 21:41:50 GMT

Thanks! does TurboTax allows me to send the statement or would I mail it separately?

Re: I am married to a US citizen but I am not a citizen nor a resident yet (I applied to Adjustme...

LinaJ2020 — Mon, 03 Feb 2020 21:57:25 GMT

You would not be able to e-file. You would need to attach the statement along with your tax return and submit to the IRS. For how to make the election and submit, click here: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

@anafranciscapela