Filing Tax return

[Mrbtomlin]

If I got married in the Philippines and plan on filing a k2/ spouse visa for my wife who still lives in the Philippines and has never be to the US. Do I file my tax return as married? Or does she have to live with my here in the US?

[DaveF1006]

There are two ways to report this. 

1. Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident, and you are choosing to both be treated as US residents for the tax year.
2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.  You will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) ( http://www.irs.gov/pub/irs-pdf/fw7.pdf).  This form will be attached to your tax return.  Turbo Tax does not support the Form W-7.  You can complete it outside of Turbo Tax.  You will have to print, sign and mail your return in if you are using Form W-7. If you haven't received an ITIN or Social Security number prior to filing, leave the Social Security number blank and you will need to file this return by mail.
3.  For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.
4. If you file Married Filing Jointly, you will need to report her income in the return.

You can also file Married Filing Separate by:

1. Prepare your return in TurboTax by choosing the option as Married Filing Separately.
2. When you get to the Let’s get ready to e-file screen, select File by Mail.
3. TurboTax will give you an error regarding the missing Social Security number or ITIN for your spouse. Proceed to print with the error, but write Nonresident Alien or NRA in the space for your spouse’s Social Security number before mailing in your return.
4. Mail the return to the address on the instruction sheet that prints with the return.

[Mrbtomlin]

Thank you for your prompt response. But perhaps I didn’t ask my question properly. I have only one spouse who was born and lives in the Philippines, she’s never been to the US. My question was do I file my taxes as “Married” even though our marriage was in the Philippines and not in the US? Does the IRS consider me married or single since our marriage didn’t take place nor is it documented here in the US. 

[DaveF1006]

No. You may file married because it doesn't matter where you were married. If you are legally married under the jurisdiction where the marriage took place, you are married and may file a joint return.

[Mrbtomlin]

Awesome thank you kindly for your time and information you provided.