TAX HELP PLEASE!!!

[Bars&Saqi 120]

Hi all,
I got married in December of 2019 and just e-filed my taxes as married filing jointly using his SSN (we filed for AOS but husband doesn’t have EAD yet). However I considered him as nonresident alien since he doesn’t yet have his green card. My tax return was accepted by IRS.
Is this okay? I read on visa journey that I have to send a statement saying he has to be considered resident alien for tax purposes? I am a little confused

[Wuozopo 4,293]

10 hours ago, Bars&Saqi said:

Hi all,
I got married in December of 2019 and just e-filed my taxes as married filing jointly using his SSN (we filed for AOS but husband doesn’t have EAD yet). However I considered him as nonresident alien since he doesn’t yet have his green card. My tax return was accepted by IRS.
Is this okay? I read on visa journey that I have to send a statement saying he has to be considered resident alien for tax purposes? I am a little confused

It is incorrect to consider a NRA can file a joint tax return. Only resident aliens can file jointly.  A statement electing to treat the spouse as a resident alien allows joint filing. Your other option was to file Married Filing Separately. 
 

Did your spouse earn any income in 2019 while living in Bangladesh?

[Bars&Saqi 120]

1 hour ago, Wuozopo said:

It is incorrect to consider a NRA can file a joint tax return. Only resident aliens can file jointly.  A statement electing to treat the spouse as a resident alien allows joint filing. Your other option was to file Married Filing Separately. 
 

Did your spouse earn any income in 2019 while living in Bangladesh?

Yes I understand now that it was incorrect

he did earn foreign income but not much when converted to US dollars (less than $10,000).

 

[Wuozopo 4,293]

24 minutes ago, Bars&Saqi said:

Yes I understand now that it was incorrect

he did earn foreign income but not much when converted to US dollars (less than $10,000).

 

When you file a joint return, all income from both spouses is to be reported. The tax his income would create can be excluded using Form 2555. You would not get quite as much back as how you filed, but better than filing Married Filing Separately.

The question now is is—do you want to correct it, get it right, and pay back the IRS,  or just roll with it because the IRS computer probably won’t flag it. You don’t have to answer that. It is just something to evaluate.