Diagnostics Generating When MFJ is Selected on Form 1040NR.. Claiming residency for wife Filing 1040 is not an option is not an option

[tejd]

In a peculiar situation where a client is here in the states working for a US company. The client plans to settle in the states but for 2020 him and his wife are non resident aliens as the client has only been working here since September. He is thereby required to file a 1040NR, but when I select MFJ, a diagnostic populates. The wife is a non resident. I have seen the post in the proconnect community with a similar topic.

It advises that

You can elect to be taxed as a U.S. resident for the whole year if all of the following apply.

• You were married.
• Your spouse was a U.S. citizen or resident alien on the last day of the tax year.

You file a joint return for the year of the election using Form 1040, 1040A, or 1040EZ.
To make this election, you must attach the statement described in Nonresident Spouse Treated as a Resident in chapter 1 of Pub. 519 to your return. Do not use Form 1040NR.

Neither of these conditions apply to the wife of my client.

How should I proceed with this?

[sjrcpa]

MFS.

On a 1040NR you generally cannot use MFJ.