“Was it an error to file my 2023 taxes as ‘Married Filing Jointly’ while my spouse, who is overseas and has never been to America, and we are awaiting approval for the I-130?”

Filing your taxes as “Married Filing Jointly” can be complex when your spouse is overseas and does not have a U.S. tax identification number, such as a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). Generally, to file jointly, both spouses need either an SSN or an ITIN. Nonresident spouses may not automatically qualify for a taxpayer identification number unless certain conditions are met, and the IRS may require them to be treated as a resident for tax purposes.

If your spouse doesn’t have an SSN or ITIN, you’d typically need to file as “Married Filing Separately” unless you elect for them to be treated as a resident for U.S. tax purposes. This election can allow you to file jointly, but it involves including your spouse’s worldwide income on your tax return, which may or may not be beneficial depending on your circumstances.

It is highly recommended to consult with a tax professional to ensure compliance with IRS regulations and to determine the most advantageous filing status based on your specific situation. You might need to amend your tax return if you incorrectly filed jointly, and a tax professional can provide guidance on the best steps moving forward.