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basilt1688
New Member

Can a dual status alien (resident alien at end of year) and non-resident alien spouse do married joint file of return? If so what is the process for that?

 
5 Replies
SusanY1
Expert Alumni

Can a dual status alien (resident alien at end of year) and non-resident alien spouse do married joint file of return? If so what is the process for that?

Yes, you can file your return jointly with your spouse if you elect to treat the nonresident alien spouse as a resident for tax purposes.  

 

If you choose this option, you will need to include ALL of your spouse's worldwide income on your tax return.  This income will then be subject to US tax. However, you may be able to take credits for any taxes your spouse paid on the foreign income. 

 

Here is how to do it on the resident portion of your tax return (Form 1040:(

  1. Prepare your return as you normally would in TurboTax. 
  2. Select the option to File by Mail.
  3. Attach a statement to your return, signed by both of you that states that one of you is a US citizen, and the other is a nonresident alien and that you are electing to both be treated as US residents for tax purposes. Include the full name and address of each spouse on this letter, as well as your social security number and your spouse's ITIN*.  (Note: this does not affect the nonresident alien's immigration status.)   

Once you make the election to treat a nonresident alien as a resident for tax purposes, this election stays in effect until it is suspended or revoked.  Also, it is a once in a lifetime election. Once revoked, the nonresident alien spouse cannot elect to be treated as a resident in the future, even if married to someone else.   Learn more about this by clicking on this link IRS information for nonresident alien spouses. 

 

*If your spouse does not have an ITIN, follow these steps to apply for one:

  • Fill out Form W-7 (You can find it here: Form W-7)and attach this form, as well as all necessary documentation, to the tax return.
  • Mail the return to the address specified in the instructions for Form W-7 (found here Form W-7 instructions).
  • If you live in a state that has an income tax, file for an extension of time to file with your state. Mail your state tax return after you receive the ITIN from the IRS.  

TurboTax does not support the nonresident tax form, 1040NR.  For that portion, we recommend SprintTax.com.

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basilt1688
New Member

Can a dual status alien (resident alien at end of year) and non-resident alien spouse do married joint file of return? If so what is the process for that?

Thanks @SusanY1 

I am not a US Citizen. I reached US on February 2019 for first time on H1B Visa and my spouse reached here on September 2019 on H4 Visa. So can we consider ourselves as residents for the full year and file the tax return jointly? 

LinaJ2020
Expert Alumni

Can a dual status alien (resident alien at end of year) and non-resident alien spouse do married joint file of return? If so what is the process for that?

Yes, you can consider yourselves as residents for the full year and file the tax return jointly. 

 

For yourself, since you were present in the US for more than 183 days in 2019, you are considered a resident.   For your spouse who is a dual-status resident, when you both file an election ( see the information provided by Susan Y1),  you both can consider yourselves as residents and file jointly.   Please also see image below:

 

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Basilt16
Level 1

Can a dual status alien (resident alien at end of year) and non-resident alien spouse do married joint file of return? If so what is the process for that?

Thanks for the details @LinaJ2020 

My spouse is a non resident alien since she have not completed the 183 days in USA. Hope that won't be an issue.

 

LinaJ2020
Expert Alumni

Can a dual status alien (resident alien at end of year) and non-resident alien spouse do married joint file of return? If so what is the process for that?

That will not be an issue.  My answer still stands.  As long as you are a resident, making the election will make your nonresident spouse a resident. @Basilt16 

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