I am on L1 working in US since 1/1/2018. My wife on L2 does not work (no income) and does not have W2 or 1099G, should I be able to file as married filing jointly?

[vinogradov]

Trying to fill the tax return form for 2018 the first time in US. I am on L1 visa, and Wife and kids on L2. Wife does not work. ME and my Wife have SSN. I have w2 my wife does not. She also does not have unemployment form.

[pk · Accepted solution]

Since you have been here in the USA for all of 2018, you would be treated as a dual status taxpayer ( ditto for spouse  because she is on a subservient visa).  To file MFJ, you need to add a request that you wish to be  treated as a resident for the whole of 2018 -- should not have any detrimental effect on you or your spouse.  You prepare your return using TurboTax as a resident, print, date, sign( both of you ), include a  note requesting to be treated as a resident for all of 2018 , and mail this in ( instead of e-file).  That is all

hope this helps