US citizen spouse filed married separately this year. Now the immigrant spouse is in the US and has her SSN soon. Amend return?

[Moes78 1]

Hi all,

 

I filed married separately this year since my wife was still overseas, so yes, I was married but pretty separate. This return contained only my tax info.

 

Now my wife is in the US. Can I amend my return to married filing jointly, and also adding her "income" <- Canadian scholarship? She did not file any US taxes, since she wasn't here in 2017 or got any US money.

 

I'm a bit confused about this, please let me know what you think.

 

Thanks,

Mo

[cyclone27 710]

Yes - need to add her income and change to married joint. 

[Moes78 1]

Really? Even if she didn't file in the US at all?

[cyclone27 710]

Yes if you want to amend your return and file joint. 

 

I didn’t catch - was she a PR in 2017? 

[Moes78 1]

Hi,

 

No, she wasn't a PR in 2017.

 

The only connection to the US in 2017 was being married to me, and I was living in the US. She's a PR only since a few days.

 

Cheers,

Mo

[cyclone27 710]

Ok can file joint and amend as long as you were married in 2017. She needs to write a statement that she wants to be treated as a resident alien for 2017 and therefore declare  all worldwide income.

[Moes78 1]

Oh, wow. That would be great if that works.

Yes, married all of 2017.

 

Can you point me to a webpage that has more info on this? Like how to write that statement?

 

Cheers,

Mo

[cyclone27 710]

It works I did the same for 2014 tax year as advised by my Accountant once my wife had a ssn. 

 

https://ttlc.intuit.com/questions/3537208-spouse-is-non-resident-alien

 

Just type up a statement for your wife and have her sign it. This is what I would give to your accountant if you are using one.