Resident Alien wanting to file jointly with Non-Resident Alien Spouse

[rbalakri]

Hi,

I am a resident alien (H1-B; not a US citizen or green card holder) who got married in 2023. My spouse has only come here in 2024 but we want to file jointly for 2023 as a Resident Alien wanting to file jointly with Non-Resident Alien Spouse by using the "Nonresident Spouse Treated as a Resident"  option. Is this possible?

But she doesn't have an ITIN and to apply for one she would need to file a return.

Please advice. I have obtained an extension for my 2023 return already.

[DoninGA]

Yes, it is possible but you would need to apply for an ITIN for your spouse using Form W-7 that would be filed with your tax return.

You can only print and mail your tax return, it cannot be e-filed.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

If you decide to file your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident.  See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad page 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

[Vanessa A]

Yes.  You can file a joint return with your spouse as long as you are a resident alien for 2023 and were married in 2023.  You will need to print and mail your return along with an ITIN application. 

 If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, you would need to include their income on your return as well and they would be taxed on it. If you choose filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to

IRS

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342