Should I amend 2024 tax return if I indicated spouse NRA status wrong?
Hi, my situation is as follows:
- I am a US citizen, filed my taxes MFS for 2024 year with free tax usa, entered spouse's SSN and name info onto the filing portal, they were both printed on my tax return
- Spouse: F1 visa, has an SSN, earned income, filed taxes MFS using Sprintax for 2024 year
- Spouse has no non-US income, they have been living and working in the US for 3+ years
I think I saw community posts like this one: <https://community.freetaxusa.com/discussion/1592/i-got-married-this-year-but-they-are-not-a-us-citizen> and this one: <https://community.freetaxusa.com/discussion/2055/non-resident-spouse-with-ssn> and assumed things would be fine in my situation so I went ahead with freetaxusa.
BUT now as I'm doing my research for the 2025 year, I see that I indicated my spouse as NOT an non resident alien in the spouse section of the filing portal which is obviously untrue. I'm unsure if there's something I need to do about this. I've read through the official info from FreeTaxUSA about this but it's not super clear about filing MFS with a NRA spouse with SSN.
We live in MA so if there's any state specific info you know if, I would appreciate that too :)
Thanks!
Answers
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Hi msgsvasan,
You did not make a mistake filing separate returns for 2024. So, there really is no need to file an amendment for 2024. The way you filed for 2024 is the default filing method; File Married Filing Separately (Form 1040 for you, Form 1040-NR for your spouse).
The IRS does have an exception to the rule for filing a tax return when you are a US citizen and your spouse is a non-resident alien with an F-1 VISA. In this situation, you can file as Married Filing Jointly on Form 1040 for 2025. When you do this, you must attach a statement, signed by both spouses, to your return, declaring your choice to be treated as U.S. residents for the entire year. This election is generally binding for future years unless terminated or revoked.
If you decide to use this option, you must mail your return, since there is no way to attach a statement to the e-filed return.
See this IRS link for more details:As a suggestion, contact Customer Support to get any help filing your 2025 return.
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