For federal tax purposes, if you choose this option you’ll need to include all of your spouse's income, foreign and domestic. This income will be subject to U.S. tax. However, you may be able to claim credits for any taxes your spouse paid on their foreign income.
If this is the first year that you’ll file jointly with your spouse, you’ll need to tell the IRS that you’re electing to both be treated as U.S. residents for tax purposes. This election is permanent unless it’s suspended or revoked. Once revoked, the nonresident alien can’t elect to be treated as a resident in the future, even if married to someone else.
Here’s how to make this election:
- Prepare your return in TurboTax.
- When you get to the Let’s get ready to e-file screen, select File by Mail.
- Attach a statement to your return, signed by each of you that states that one of you is a U.S. citizen and the other is a nonresident alien and that you’re electing to both be treated as U.S. residents for tax purposes. Include the full name, address and Social Security number (or Individual Taxpayer Identification Number) of each spouse. This won’t affect the immigration status of the nonresident alien.
- Mail the return to the address on the instruction sheet that prints with the return.
If your spouse doesn’t have a Social Security number or ITIN, you’ll need to apply for one when you mail in your return. To do this, follow steps 1–3 above and then do this:
- Fill out Form W-7 and attach it to your return, as well as all necessary documentation.
- Mail the return to the address specified in the Form W-7 instructions.
Note: TurboTax will give you an error regarding the missing Social Security number for your spouse. You can ignore the error since you’re printing your return.