USA Filing Jointly?


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Hi all - I am a Virginia resident but live overseas in Jordan and qualify for the Physical Presence for foreign earned income exclusion. My wife lives here with me but is a resident of California. She does not qualify for physical presence and just has a little bit of income from a family trust. I would like to file jointly to take advantage of the combined deduction but not sure if we can since we are residents of different states.

Can we file jointly (federal) if we are residents of Virginia and California?

Thanks!
 
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Stephen Gsell

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Generally,a married couple can't file a joint return if either one is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year.
 

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