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Nan712
Returning Member

Nonresident alien spouse didn't make first year choice

Hi, I'm on H1-B visa and treated as resident alien for tax purposes but my spouse is non-resident alien because she is on F1 visa. As per this article, if its first year married filing jointly we need to paper mail and attach a statement to treat my spouse as resident. We didn't know this and even TurboTax didn't tell about this and let us e-file for the year 2022. I came to know about this when I'm preparing the returns for year 2023, what are my options now? Please help.

 

1. Should I file amendment for year 2022? If so, does TurboTax help with this? Does this need to be paper mail?

2. If amendment is not needed, should I paper mail 2023 returns and attach a statement?

3. Assuming I filed the amendment for year 2022, can I e-file 2023 return?

4. Is there any sample/template of the statement to be attached?

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