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Returning Member

Spouse is NonResident Alien; I am US Citizen

We are trying to figure out how to file taxes next year. Me and my spouse recently got married last March 2022. He is on J1 visa and got here August 2021 and had his W2 for that tax year. Can I file for married filing separately or it needs to be jointly? Spouse is working in another state and not staying with me.

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2 Replies

Spouse is NonResident Alien; I am US Citizen

@Jeydii97 - you always have the choice to file Married Filed - Joint or Married Filed - Separate.... it depends what has the better outcome for you.  MFJ requires both to sign, so it can't be a IRS requirement that you HAVE TO file MFJ because there are situations where one spouse simply refuses to sign the return.  

Level 15

Spouse is NonResident Alien; I am US Citizen

@Jeydii97 --


See this TurboTax help topic:

How should I file my taxes if my spouse is a nonresident alien? (intuit.com)

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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