Foreign spouse married filing jointly question

[newyorktax12]

I got married to a non-US citizen in the summer of 2020. I read on IRS that I can file married filing jointly. My non-US citizen spouse does have an SSN through OPT when she was in school. She did not work or have any income/worldwide income for 2020. We both live in the US. We are in the process of applying for the green card. 

Per the IRS website, I should include the below when filing jointly.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Would I be able to use Turbo Tax to do the taxes for filing jointly?

I did not receive/apply for the stimulus checks, would I be able to claim the Recovery Rebate Credit?

Thanks in advance.

[DavidD66]

Yes, you can use TurboTax to file a joint return with your wife.  You are correct regarding attaching a statement, signed by you both.  Because you have to attach the statement to your tax return, you will have to print and mail your return.  If you qualify for the stimulus, you can claim the Recovery Rebate Credit on your tax return.  Your spouse, as non-resident alien, does not qualify for the stimulus.

[newyorktax12]

Thank you! Looking at the IRS site, I do think I’m eligible for the stimulus (US citizen, SSN for employment, not a dependent of another taxpayer). However, if I’m filing the return as MFJ, how would I exclude my wife from the stimulus? Thanks again!

[DMarkM1 · Accepted solution]

You do not need to take any extra steps to exclude your wife.  TurboTax will calculate the Recovery Rebate Credit based on your tax return entries.  Just answer the questions and enter data that is presented to you in the TurboTax interviews.  

It appears that since you are making an election by filing a joint return to consider your spouse a resident alien for the entire tax year 2020 and she has a valid social security number, she would meet the eligibility requirements for the Recovery Rebate Credit.

Here is a link with more information on making the resident alien election.

Also, see the "Resident Alien" question here.

Finally, use this link for more information on the Recovery Rebate Credit