Your spouse is a NRA

If you are married to a NRA then you have to file a 1040 and spouse has to file a 1040NR.  You may not want to do this.  You can file a 1040 joint if you want to: 
You must be married,
One spouse has to be a US citizen or resident.  The other is NRA.
An election is made.  You can't claim that you are not a US tax resident to claim any Treaty benefits.   Must file joint in year of election, but can file separate going forward.