You can file as Married Filing Jointly through TurboTax. However, if you do not meet the Substantial Presence Test you will do an additional step.
You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
- 31 days during the current year, and
- 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.
If you are not a resident alien you will need to attach a statement, signed by both spouses, to your joint return for only the first tax year for which the choice applies. It should contain the following information.
- 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 your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
- 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.) Amended return.
If you need to attach the statement you will need to print off your return and mail it into the IRS and to the state. You do not need to attach the statement to your state return.
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