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Returning Member
posted Aug 17, 2022 12:39:01 AM

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.

0 2 640
2 Replies
Level 15
Aug 17, 2022 4:54:11 AM

@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
Aug 17, 2022 8:26:57 AM

@Jeydii97 --

 

See this TurboTax help topic:

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