Yes. A U.S. citizen or resident married to a dual-status or nonresident alien can file a joint return by electing to treat the non-resident/dual status spouse as a U.S. resident for the entire tax year. You will need to:
- Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident or dual status alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.
- List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.
Be sure to sign the statement!
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