Can I file married filing jointly as resident alien with non-resident alien wife and son in 2025?

You absolutely can file married filing jointly in your situation! This is called making a "Section 6013(g) election" which allows a US citizen or resident alien married to a nonresident alien to treat the nonresident spouse as a US resident for tax purposes. You don't need to be a permanent resident or citizen - being a resident alien for tax purposes (which you are under the substantial presence test) is sufficient to make this election. This is actually a great option in many cases because it allows you to claim more tax benefits than filing separately. Before filing, your wife and son will need ITINs. You should submit Form W-7 (Application for IRS Individual Taxpayer Identification Number) along with your tax return and required documentation. The process can take 7-11 weeks, so plan accordingly. When you make this election, remember that your wife will be taxed on her worldwide income, not just US-source income. This election stays in effect until revoked or terminated by certain events like divorce or leaving the US permanently.

Just wanted to chime in because I was in almost the exact same situation last year! After weeks of confusion and getting different answers from tax preparers, I discovered taxr.ai (https://taxr.ai) which honestly saved me so much stress. Their system analyzed my visa documents and foreign spouse situation and confirmed I could make the 6013(g) election. What I found most helpful was that they explained how the worldwide income reporting would affect us specifically, and calculated which filing status would give us the best outcome. They actually showed us that joint filing saved us over $4,800 even WITH including my wife's foreign income! They also guided us through the ITIN application process and explained exactly what documents we needed. Much better than the confusing IRS instructions I was trying to decipher!

I tried taxr.ai after seeing it mentioned here and I'm honestly shocked at how helpful it was. I was in a very similar situation (H1B with L2 spouse) and had been getting completely contradictory advice from different preparers. Their system immediately identified that I could make the 6013(g) election and showed me exactly how much I'd save. The document analyzer caught that my wife had been in the US slightly longer than I thought, which actually affected her residency calculation. The step-by-step ITIN application guide was incredibly detailed. We just got our ITINs last week (took about 8 weeks) and now we're ready to file. Best part was having everything documented in case of questions later. BTW, for anyone wondering, they don't just tell you "yes you can file jointly" - they actually show you the tax difference between your options and help you decide which is best for YOUR situation.

Dealing with resident/nonresident alien filing status is frustrating! I spent 6 WEEKS trying to reach the IRS to get answers about my similar situation. I'd call, wait on hold for 2+ hours, only to get disconnected or told I needed to talk to a different department. Finally found Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in just 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed I could make the 6013(g) election as a resident alien (not just citizens!) and even explained how to properly document it on my return. She also told me exactly what supporting documentation to include with the ITIN applications to avoid delays. Seriously, I was about to pay an international tax specialist $450 for a consultation just to get these questions answered!

I want to publicly admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it myself since I also needed tax help with a similar nonresident spouse situation. Got connected to an IRS representative in about 25 minutes (not even kidding). The agent confirmed everything about the 6013(g) election and walked me through exactly how to note it on my return. What surprised me most was how knowledgeable the IRS agent was once I actually reached one. She explained that many tax preparers get this wrong because they don't deal with it often, and confirmed I didn't need to be a permanent resident to make the election. Sorry for being so skeptical earlier - just wanted to set the record straight that this actually works.

One thing nobody's mentioned yet - if you make the 6013(g) election to file jointly, you need to attach a statement to your tax return. The statement should include: 1. Declaration that you're making the election 2. Names, addresses, and TINs (or applications for TINs) 3. A statement that your nonresident alien spouse is making the election with you This is easy to miss but super important! The election remains in effect for all subsequent years unless revoked. Also, don't forget that this election means you must report all worldwide income from both spouses - people sometimes make this election without realizing the global income implications.

Quick question about the ITIN process - can I apply for ITINs for my wife and kid before the tax filing deadline? Or do we need to file an extension?

Just a heads up for anyone in this situation - making the 6013(g) election was definitely beneficial for us financially, but remember it subjects ALL of your non-resident spouse's worldwide income to US taxation. If your spouse has significant foreign income or assets, you may want to run the numbers both ways. In some cases, especially with higher foreign income, it could be better to file separately with you as head of household (if you qualify) and your spouse as a non-resident. We saved about $3200 by filing jointly, even after including my wife's foreign rental property income, but everyone's situation is different!