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Filing for newly married resident alien

Greetings!

I'm a resident alien (L1 visa holder) who got married Oct 2024 in my home country.
My spouse (L2 visa holder) has only came to live with me in US January 2025. My spouse already got her SSN and currently unemployed.

 

Can we file jointly for the tax year 2024 as a resident alien with Non-resident alien spouse by using the "Nonresident Spouse Treated as a Resident" option? If YES, can we do it electronically with TurboTax since she already have a SSN?

If we need to do it manually, what are the required steps? If we can file jointly, what action/info needed from my spouse?

 

Please advise. Thank you!

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9 Replies
DaveF1006
Employee Tax Expert

Filing for newly married resident alien

Yes, you will be able to file electronically since she has a Social Security Number.

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Filing for newly married resident alien

Thank you for your prompt response!
Btw, do you know where or how to navigate to select the "Nonresident Spouse Treated as a Resident" option using TurboTax?

If we file jointly with "Nonresident Spouse Treated as a Resident" option, what other information/action needed from my spouse (she's unemployed)? 

 

Thanks again!

DaveF1006
Employee Tax Expert

Filing for newly married resident alien

Yes, you know to go to the PERSONAL INFO page of your return and add in your spouse information.  First though in your own personal info section, you need to indicate you wish to file jointly and then it will ask you information about your wife.

 

As you enter information, there will be a screen that appears that like the screen shot I have included below.  Here is where you will indicate that you wish to treat your non-citizen wife as a resident alien. There is no other information needed other than her Social Security Number.

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Filing for newly married resident alien

Just making sure I got it right (there's no screenshot on your previous reply). This (see below screenshot) is where I can opt to to treat my non-citizen wife as a resident alien, correct?

Nav.PNG

 

 

DaveF1006
Employee Tax Expert

Filing for newly married resident alien

Yes, you are right.  The screenshot I sent was in a wrong format. Here is a better view. 

 

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Filing for newly married resident alien

I'm about to file the return but have some follow-up questions:

Which one should I select on this section (see screenshot below)? AGI_1.PNG

 

Since this will be my spouse's first time filing, should I select the first one (I have her accepted 2023 tax return) and enter zero (0) as her AGI? (Refer to screenshot below):

AGI_2.PNG

 

When I selected 'My spouse didn't file last year and no one else could have filed for her', I'm getting this prompt at the end since she's doesn't have a state ID/license:
AGI_3.PNG

 

Many thanks again for your help!

MarilynG1
Employee Tax Expert

Filing for newly married resident alien

Some states request a Driver's License number, but since your spouse doesn't have one, you can indicate that in TurboTax .

 

If you can't get past the Illinois request for license info (try Continue a couple times), you may need to mail your IL return, or get a State ID so that you can enter that info for IL.

 

Here's more info if your Illinois Efile is Rejected. 

 

@bnjcnn16 

 

 

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Filing for newly married resident alien

Thanks @MarilynG1  for your assistance, I will try your recommendation.

Btw, kindly help me on my other clarifications below:

 

Which one should I select on this section? (see screenshot below)?

AGI_1.PNG

Since this will be my spouse's first time filing, should I select the first one (I have her accepted 2023 tax return) and enter zero (0) as her AGI? (Refer to screenshot below)

AGI_2.PNG

 

Thank you!

Vanessa A
Employee Tax Expert

Filing for newly married resident alien

Yes, select that she did not file a return last year and no one else could have. 

 

Yes, since she did not file a return last year, you will enter $0 for her AGI. 

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