Incorrect 2015 'Filing Status'.

[scotttyne]

When I filed my first return, 2015, as my husband lives in London, and does not have an SSN, or ITIN, I read that he's an illegal alien for take purposes, and that I should file as 'Single'.  However, as I'm in the process of submitting my 2017 return, it seems that I should file as 'MFS', and enter all 9's for his SSN.  What should the 'Filing Status' be fore 2016, and do I need to change 2015?  Thanks

[TaxGuyBill · Accepted solution]

If you are married, you can not file your tax return as Single.  So yes, you need to correct 2015.

Most people who are married to a "Nonresident Alien" file as Married Filing Separately.  If you have a qualifying dependent (such as a child), Head of Household might be an option.

You do have the option to get an ITIN for him, make an election to treat him as a Resident Alien, and file as Married Filing Jointly.  However, that also means all of his Worldwide income would be reported on the tax return as well.

If you file as Married Filing Separately, you may need to temporarily enter a 'fake' ITIN (such as 999-88-9999) in order to get through the Health Insurance section.  Then you need to go back and delete it before you file your tax return (ignore any errors about that in the Review section).