File as single or married jointly?

[isaakcm 0]

Not sure how to fill out my taxes this year. My wife arrived in the US on a K1 visa on Dec. 16 and we got married on Dec. 19 so we are both in the US and married before the end of the year but she didn't get her SSN until 2015. Have not filed for AOS yet.

I was told that to be able to claim her she had to be in the US for 31 days before the end of the year and she was only here for 2 weeks and is a nonresident alien.

On the IRS page it says: "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."

So can I file married jointly with my wife as a resident alien?

Thanks

[KayDeeCee 4,893]

You can file jointly and choose to have her treated as a resident. You need to include a statement for that, so you will need to mail in a paper return. http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident