We are non-resident alien but my husband is out of the US

"We are non-resident alien . . ."

If you are both nonresident aliens you are not allowed to file jointly. You have to file Form 1040-NR, which does not allow filing jointly.

If you improperly filed jointly, you have to amend your joint Form 1040 tax returns to separate Form 1040-NR returns. You cannot normally amend from a joint return to separate returns after the due date of the return. However, you can do so if your joint return was not valid. Your joint filing is called an "invalid joint election." But the procedure for correcting this is very complicated and requires professional help.

You cannot file Form 1040-NR with TurboTax. TurboTax has a partnership with Sprintax to prepare a Form 1040-NR federal tax return and corresponding state tax return for certain categories of nonresident aliens: international students, scholars, and non-resident foreign professionals. Go to the Sprintax web site for the details of who can use Sprintax.

Or did one or both of you become a resident alien by meeting the substantial presence test, or will one of you meet the substantial presence test in 2024? If so, provide details, including the exact dates of presence in the United States for each of you.

 

@margaragomezcon , agreeing with my colleague @rjs  on his excellent   reply, I just wonder if you could tell a little bit more  about the situation:

 

(a)  what is your  and your husband's visa / immigration status?

(b) which country are you from ?   Is he also from the same country ?

(c)  Do you have US source  and/or Foreign source income?

(d) If this is not your first year trying to file a return,  how did you file in 2022 tax year ?

(e)  Do you have young children that live with you and you keep  a home for them?

(f) Do each of you have SSN ?

 

I will come back once I hear from you  -- yes?

 

pk