Wife has Daca status, should I file married filing separately?

[Drrlm7]

My wife has DACA status and I am a US citizen. When I update Turbo Tax to reflect her non-resident status, it generates an error and will not process because it will not let me use her as a spouse. Is there a correct way to file for a DACA spouse?

[KurtL1 · Accepted solution]

If your wife has a Social Security Number, you can treat her as a Resident Alien on the return and file Jointly on a Form 1040.

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident

You would need to attach a statement, signed by both spouses, to your joint return for only the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

If your wife does not have a Social Security Number, see How to Get Your Social Security Number After Your DACA Case is Approved.

You will need to mail in your return with the above statement attached.