6013 g format for my spouse who stayed in US only for 170 days instead of 183 days

[user17701524502]

Hi Team, 

I moved to US on Mar 2025 and My Spouse moved to US on 13 July 2025.
For 2025 Tax filing, I am a resident alien of the United States as i stayed more than 183 days as of 31 dec 2025 
However, my spouse, is a non-resident  of united states as she stayed only for 170 days as of 31 dec 2025.

I was suggested that we can file  as married file jointly option along with 6013(g) election.
I was suggested with the below content for 6013(g) election, can you suggest if this is fine. 

Do I need to mention that I am resident alien and my spouse is non-resident alien or just declare it as such?
is this format looks good?
can someone suggest recommended format/content please
Note: My spouse is within me in US Currently
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STATEMENT OF DECLARATION SO AS TO BE TREATED AS RESIDENT ALIENS OF 

THE LAND OF THE UNITED STATES OF AMERICA FOR THE PURPOSE OF TAX MATTERS BEGINNING THE TY 2025 

We, My name  and My Spouse Name  wilfully agree and consent to be treated as Resident Aliens of the land of USA for the purpose of treating Income Tax Matters on our worldwide income beginning the Tax Year 2025. 

Invoking special provisions contained in Section 6013(G) of Internal Revenue Code and considering certain situations as prescribed by IRS in its Publication 519, if any individual is a non-resident alien individual at the beginning of any taxable year but is a resident of the United States at the close of such taxable year, and if such individual is married to a citizen or resident of the United States, and both individuals elect the benefits of this subsection at the time and in the manner prescribed by the Secretary by regulation, then such individual shall be treated as a resident of the United States for all of such taxable year. If the taxpayer makes this choice, both the spouses are treated as residents for the entire tax year for income tax purposes. 

In view of the above, we appeal requesting the IRS to kindly consider treating both of us [My name] and [My Spouse name] as Resident Aliens for the Tax Year 2025. 

For your kind information and perusal, our full legal names and current addresses are as follows: 

First Party to Filing Returns: Second Party to Filing Returns:  

My Name & Address
My Spouse & Address

Thank you. 

Sincerely, 

My Name                                           My Spouse Name

SSN:          xxxxxx                              ITIN:xxxxxx

DOB: xxxxxx                                          DOB: xxxxxx

General Information: 

1. What tax year are you asking about?    2025 
2. What tax year you are filing for? 2025
3. Were you married on the last day of 2025?  Yes 
4. Was your spouse a U.S citizen or resident alien at the end of 2025?  NO 
5. Will you file a joint return for 2025 in order to be treated as a resident for the entire year? Yes 
6. How many days were you physically present in the United States (that is, on US soil in any capacity) in 2025?  172 days 
7. Will you be staying in U.S for next 12 months? Yes 
8. Were you issued a permanent resident Card? NO 
9. Did you commute to work in the United States from a residence in Canada or Mexico? NO 
10. Were you in the United States under a NATO visa a member of force or civilian component to NATO? NO
11. Were you a professional athlete temporarily present in the United States? NO  
12. Were you a student on a (F) (J) (M) or (Q) visa or an immediate family member thereof on the same visa? NO 
13. were you a teacher, trainee or researcher on a (J) or0 (Q) visa or an immediate     family member thereof on the same visa? NO 
14. were you present as a full-time employee of an international organization (or as   an immediate family member thereof)? NO 
15. Did you (or your immediate family member) have full -time diplomatic or consular status? NO 

[MaryK4]

In TurboTax, in the Personal Info section, you can indicate that you have a NRA Spouse or dual-status alien spouse.  It will ask if you want to make the 6013(g) election.  Then TurboTax will create the required statement that you can print, sign and mail with your return.  The TurboTax version is very simple, your example is much better if you wish to use it instead.  

[user17701524502]

Hi @MaryK4 , when the 6013(g) gets generated?
after i file the return then only it gets generated?
I still in the process of updating few income and stuffs
can you please help

[MaryK4]

Hi @user17701524502 That exact copy of the 6013(g) election will be in your printouts when you file your return if you indicate as I showed you.  Because you both have to physically sign the declaration, you will have to mail our return.  Can you clarify if your spouse has an ITIN or are you applying for one?  I am trying to see if you are able to efile the 6013(g) statement with the electronic signature so I will update this as soon as I find out- but I know if you need the ITIN, you must mail the application.