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Can my foreign wife claim my home of record?

My wife is a foreign national. We’ve been filing taxes jointly since 2020 and I always elect her state as Foreign since we’ve been living abroad ever since. Now that she has established her Permanent Residence status, I wonder if she can claim California (my home of record) as her own even though she’s never lived there, according to the Military Spouse Residency Relief Act (MSRRA). If yes, do I need to amend my tax returns for all these years or just after she got her Green card?

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1 Reply
Level 15

Can my foreign wife claim my home of record?

Here is the exact wording of the law:


"For any taxable year of the 
                marriage, the spouse of a servicemember may elect to use 
                the same residence for purposes of taxation as the 
                servicemember regardless of the date on which the 
                marriage of the spouse and the servicemember 


**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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