Married Filing Jointly with a nonresident alien spouse
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. To file jointly with your spouse, you will follow these steps:
- Prepare your return as you normally would in TurboTax. Enter your spouse's name and ignore the errors regarding missing SSN/ITIN. Select "File by Mail" rather than e-File in the last step of your return.
- Print your return to mail into the IRS.
- 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. (Note: this does not affect the nonresident alien's immigration status.)
- 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).
You must apply for an ITIN to use the MFJ filing 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.
This question was previously answered by SusanY1
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
