Married a non citizen

[Annette5555]

My Son married a non citizen. She has a student Visa and is going to school. She doesn't work. She does have a SS#  Can they file jointly?  She didn't get a 1098T for the tuition paid, can they claim this since is a non citizen and my son is or is this not allowed since it is her that is in school?  Can they file electronically or do they have to send in their taxes through the mail

[DanaB27]

Yes, your son can choose to treat the nonresident as a U.S. resident and file a joint tax return. They won't be able to e-file the return. Please see How do I print and mail my return in TurboTax Online.

Please be aware, that each spouse must report his or her entire worldwide income for the year you make the choice and for all later years, unless the choice is ended or suspended.

To make the choice attach a statement to your paper return (you can't e-file), signed by both spouses, to the 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. 

Please see IRS Nonresident Alien Spouse for more details.

Your son will need to apply for an Individual Taxpayer Identification Number (ITIN) for his spouse. Please see How do I apply for an ITIN.

Please be aware, TurboTax will give an error regarding the missing Social Security number for your son's spouse. They can ignore the error since they are printing their return.

Your daughter-in-law needs to contact her school to request a Form 1098-T for the tuition paid to be able to claim any Education Credits. Please see Where do I enter Form 1098-T? for additional information.