# Invalid filing status with NRA spouse?



## expat9450 (11 mo ago)

Hello, I am hoping that someone here can please give me some advice.

I am a US citizen married to an NRA who lives and works abroad. For the past 5 years, since I moved abroad, I have filed as MFJ. However, I have not included my spouse's income because he has never lived or worked in the US. I have only reported my foreign-earned income which has all been excluded using the FEIE.

I have recently become aware that my previous filing statuses are incorrect since marriage with an NRA spouse is supposed to fall under MFS, and we did not elect under Section 6013(g). I haven't made any IRA contributions and any lower tax rates deductions applicable with a MFJ return are irrelevant for me due to the FEIE, so my election to file jointly was an error, not chosen on purpose to claim benefits of the filing status.

My question is, are my previous MFJ tax returns considered as having an invalid filing status because my NRA spouse had not made the 6013(g) election? And if so, am I able to amend them to MFS? Moving forward I will be selecting MFS as my filing status, but I wanted to see if it was worth it (or even possible) to amend my previous returns to rectify this mistake.

Thank you.


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## Bevdeforges (Nov 16, 2007)

As backed up and overworked as the IRS is right now, I wouldn't bother with amending the prior returns. Just start filing MFS going forward. You should be just fine.


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## Moulard (Feb 3, 2017)

Agree with Bev on this one. 

The only exception where I would recommend filing an amended return is if the lower standard deduction when filing separately vs jointly would have resulted in actually owning the IRS a significant sum. 

If worried, check your past returns, if income outside of line 1 is less than the MFS deduction then let it lay as is and start filing correctly moving forward.


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## expat9450 (11 mo ago)

Thank you both very much for your replies! I will plan on filing MFS for my 2021 return and will continue to do so as long as we live abroad moving forward. Thanks again!


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