Non Resident Spouse with SSN

Exified
Exified Member Posts: 1 Newcomer
in Filing my taxes

My non resident spouse and I got married in September 2024. She is on F1 visa and lived in the US for 5 years due to school. She is now living with me in the US while we petition her green card. She has her own SSN. Are we still eligible to use FreeTaxUSA to do our taxes?

Answers

  • kiarab
    kiarab FreeTaxUSA Agent Posts: 126

    Hello,

    According to the IRS, if you are married and one spouse is a US citizen or US resident, you can choose to treat the non-resident spouse as a US resident for tax purposes. There are some steps you need to do in order to make the chose, like prepare a statement and attach it to your joint return for the first year for which the choice applies. (See the above link for more information) 

    If you choose to do that, then you may be able to file a return with FreeTaxUSA as you would be able to use a 1040 form instead of a 1040-NR. You will need to mail it in to attach the statement.

     Keep in mind that we do not support most types of foreign income asides from interest and dividends.

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