e-filing for F-1 OPT wife and H-1B husband

[Digvijay]

Hello,

I got married in 2021. My wife was on F-1 status throughout the year (nonresident alien). I am on H-1B (resident alien). She had applied for ITIN separeltelly for some documentation that was needed in her college. I elected to e-file taxes as married filing jointly, even though it was the first time we made that decision. We could do that since we already had her ITIN in hand and did not need to ask IRS for issuing an ITIN  through a physical filing.

Generally, I have seen that couples file physically the first  time while declearing on an affidavit that they plan to file jointly. We did not provide any affidavit on our 2021 e-filed tax return. Is this a problem? Also, we did not file 8843 for her since we are filing 1040 and not 1040 NR. Is this a problem? 

Any help in this specific case will be greatly appreciated.

Thanks.

Any help in this regard would 

[LoganathanB]

You can mail IRS the election letter giving your full name address and SSN and also your wife's Full name and ITIN number.

Please send the letter to the IRS office in your area.

Click on the link for more information

IRS Offices