MFJ without green card

[Sky2017 0]

My spouse came to US in May 2019 and we got married at the beginning of June 2019. She had EAD and SSN but not green card. I’ve just paper filed our 2019 tax return as MJF a few days ago. However I didn’t attached the declaration that we wanted to filed jointly. Do I have to file form 1040-X to amend and include the declaration letter? Thanks!

[arken 4,197]

Wait if IRS approves it. Any reason for not efiling?

[Sky2017 0]

5 minutes ago, arken said:

Wait if IRS approves it. Any reason for not efiling?

Not any specific reason.  I just use the form, print and mail out. How to know if IRS approves it? I hope she will have a stimulus check for her so I think maybe we should amend to accelerate the process?

[geowrian 22,336]

9 minutes ago, arken said:

Wait if IRS approves it. Any reason for not efiling?

You can't e-file and attach the statement (well, not with commercial software).

Edit: I'm assuming the statement here refers to the RA election choice (https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse)

Edited April 15, 2020 by geowrian

[Sky2017 0]

31 minutes ago, geowrian said:

You can't e-file and attach the statement (well, not with commercial software).

Edit: I'm assuming the statement here refers to the RA election choice (https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse)

Yes I just read it and realized that we need a letter stating that we wanted to jointly file after I mailed out our 2019 tax return . However I wonder if we need to sent out Form 1040- X to attach the letter or just wait until IRS gets back to us. We hope she will has a stimulus check...  Anyone has ideas?

Edited April 15, 2020 by BelongtotheSky

[Wuozopo 4,285]

1 hour ago, BelongtotheSky said:

My spouse came to US in May 2019 and we got married at the beginning of June 2019. She had EAD and SSN but not green card. I’ve just paper filed our 2019 tax return as MJF a few days ago. However I didn’t attached the declaration that we wanted to filed jointly. Do I have to file form 1040-X to amend and include the declaration letter? Thanks!

I doubt the IRS will notice or know the difference. They don’t talk to USCIS or check who has a greencard. Just let it be. If they need something from you, they will write you a letter. Don’t expect that to happen. 

[kris&me 572]

Look at front page of 1040 where it says what country is spouse in?   if non resident alien ,  you need to file the form

if in US with SS #,  no form to file

 

If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). ... You must complete Form SS-5.Jan 9, 2020

[Wuozopo 4,285]

@BelongtotheSky
Seriously. Don’t do anything to amend the return you filed. Arriving in May, your wife had enough days of physical presence in the US in 2019 to be considered by the IRS as a resident alien for tax purposes. Her status with IRS is resident alien allowed to file a joint return with you. Her physical presence test means you don’t have to choose for her to be treated as a RA. She already is one.  
 

Her status with USCIS is not a resident yet, but that’s a different ball game and nothing to do with filing a tax return.

[geowrian 22,336]

2 minutes ago, Wuozopo said:

Arriving in May, your wife had enough days of physical presence in the US in 2019 to be considered by the IRS as a resident alien for tax purposes. Her status with IRS is resident alien allowed to file a joint return with you. Her physical presence test means you don’t have to choose for her to be treated as a RA. She already is one.

Good catch - I looked right over when she arrived when I saw the declaration.

 

I concur - no need for the letter in her case. She could only be an RA.

[Sky2017 0]

8 minutes ago, geowrian said:

Good catch - I looked right over when she arrived when I saw the declaration.

 

I concur - no need for the letter in her case. She could only be an RA.

 

11 minutes ago, Wuozopo said:

@BelongtotheSky
Seriously. Don’t do anything to amend the return you filed. Arriving in May, your wife had enough days of physical presence in the US in 2019 to be considered by the IRS as a resident alien for tax purposes. Her status with IRS is resident alien allowed to file a joint return with you. Her physical presence test means you don’t have to choose for her to be treated as a RA. She already is one.  
 

Her status with USCIS is not a resident yet, but that’s a different ball game and nothing to do with filing a tax return.

Thanks a lot you guys!