Level 2

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Marital Status

Forum|Forum|3 years ago
March 3, 2023
2 replies
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Hi,

I'm married and my wife lives in another country. She never visited USA, and still working to get her visa.

For the past couple of years I filed my taxes as "single". Is there anything I should do, what is it, and how ?

Thank you!

Best answer by MichaelG81

Expert Reviewed

Thanks to Vanessa, original answer posted here.

Generally, a U.S. citizen or resident alien who is married to a nonresident alien uses the married filing separately filing status. This is probably the simplest but may not result in the best tax benefits.

You do have 3 possible options

You can make an election to file a joint return (she will need an ITIN)or;
File as Head of Household IF you are maintaining a home for certain dependents or relatives other than your wife
Married Filing Separately (if your spouse does not have an ITIN you will need to paper file your return and write NRA in the space for your spouses SSN)

To make the Election to File a Joint Return:

You and your spouse are treated, for federal income tax purposes, as residents for all tax years that the choice is in effect. However, for Social Security and Medicare tax withholding purposes, the nonresident alien may still be treated as a nonresident alien.
You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
Each spouse must report his or her entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.
Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Filing As Head of Household Qualifications

Although your nonresident alien spouse cannot qualify you as a head of household, you can qualify if (1) or (2) applies:

You paid more than half the cost of keeping up a home that was the principal home for the whole year for your mother or father for whom you can claim an exemption (your parent does not have to have lived with you), or
You paid more than half the cost of keeping up the home in which you lived and in which one of the following also lived for more than half the year:

Your unmarried child, grandchild, stepchild, foster child, or adopted child. A foster child will qualify you for this status only if you can claim an exemption for the child
Your married child, grandchild, stepchild, or adopted child for whom you can claim an exemption, or for whom you could claim an exemption except that you signed a statement allowing the noncustodial parent to claim the exemption or the noncustodial parent provides at least $600 support and claims the exemption under a pre-1985 agreement
Any relative listed below for whom you can claim an exemption: (please click on link to see list of relatives)

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-head-...

Married Filing Separate

You may (BUT DO NOT HAVE TO) still be able to claim an exemption for your spouse if the following apply:

· Must have no gross income for U.S. tax purposes,
· Must not be filing a return,
· Must not be the dependent of another taxpayer.
· Has an ITIN

https://www.irs.gov/pub/irs-pdf/p17.pdf (page 25-26)

Nonresident alien or dual-status alien. Generally, a married couple can’t file a joint return if either one is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Pub. 519, U.S. Tax Guide for Aliens.

For instructions on applying for an ITIN, click here https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

@zidanea

Mike9241

Level 15

You;ve been filing using the wrong status. you're married. therefore, you should have been filing as married separate (possibly head of household). since your spouse does not have an SSN or ITIN and you have chosen not to file jointly, you'll need to mail in your return.

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

you should file amended returns for the open years where you claimed single. the only things that change are the filing status which may change your tax liability and listing your spouse

Mike9241

Z

zidaneaAuthor

Level 2

So I should do two things:

1- resubmit Federal and State taxes by mail with the status changed to married?

2- Submit form 1040 electronically?

MichaelG81

Level 7

Check your state Department of Revenue for non resident aliens, as I do not know what state you are in. But for federal, once accepted you can amend if you meet the criteria, as per IRS guidelines. Your 2022, 2021, or 2020 federal Form 1040-X amended return may be eligible for electronic filing if the original return was successfully e-filed using TurboTax.

Yes, if you got another form like a W-2, 1099-MISC, or a different form that needs to be reported after filing or you forgot to add something (or change filing status), you can still fix your return. You'll want to determine if the IRS or state has “accepted” the information you already filed. If the IRS or state has accepted it, you'll see Accepted as the status of your return when you sign in to TurboTax (in Tax Home) or when you open the CD/Download TurboTax software. If they have accepted your return, then you may need to amend your tax return.

If your return was rejected, you can add the missing form or information, correct the reason for rejection, and resubmit.

If you forgot to add something like dependent information, a deduction you qualify for, or even used the wrong filing status it can have a significant impact to your tax bottom line (your refund increase/decrease or amount due). Some info doesn't make a difference monetarily, but can still be something the IRS or state needs corrected. Your best bet is to correct (amend) the information and send it back to the IRS or state.

Read carefully:

If you do want to change or correct some info on your tax return after you've filed it, you may need to amend your return. Here are some things to know before you begin:

You have three years from the date you filed your return or two years after you paid the tax due (whichever is later) to file an amendment
Make sure you really need to amend
Wait until your return has been accepted (or mailed if paper-filing)
Use the same TurboTax account you used to file your original return
Once you begin your amendment, you'll see your original return. Only make changes to the areas of your return that need amending. The refund calculator will start new at $0 and only reflect the changes in the refund or tax due
Any changes you make to amend your federal return will automatically be transferred over to your state return

Select your product below and follow the instructions.

TurboTax Online

TurboTax CD/Download

If you want to track the status of your amended return, use the IRS Where's My Amended Return? tracking tool. Allow at least 16 weeks for the IRS to process your amended return.

If you are not feeling sure whether to amend, this IRS Tool may help you decide.

@zidanea

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MichaelG81Answer

Level 7

Expert Reviewed

Thanks to Vanessa, original answer posted here.

Generally, a U.S. citizen or resident alien who is married to a nonresident alien uses the married filing separately filing status. This is probably the simplest but may not result in the best tax benefits.

You do have 3 possible options

You can make an election to file a joint return (she will need an ITIN)or;
File as Head of Household IF you are maintaining a home for certain dependents or relatives other than your wife
Married Filing Separately (if your spouse does not have an ITIN you will need to paper file your return and write NRA in the space for your spouses SSN)

To make the Election to File a Joint Return:

You and your spouse are treated, for federal income tax purposes, as residents for all tax years that the choice is in effect. However, for Social Security and Medicare tax withholding purposes, the nonresident alien may still be treated as a nonresident alien.
You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
Each spouse must report his or her entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.
Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Filing As Head of Household Qualifications

Although your nonresident alien spouse cannot qualify you as a head of household, you can qualify if (1) or (2) applies:

You paid more than half the cost of keeping up a home that was the principal home for the whole year for your mother or father for whom you can claim an exemption (your parent does not have to have lived with you), or
You paid more than half the cost of keeping up the home in which you lived and in which one of the following also lived for more than half the year:

Your unmarried child, grandchild, stepchild, foster child, or adopted child. A foster child will qualify you for this status only if you can claim an exemption for the child
Your married child, grandchild, stepchild, or adopted child for whom you can claim an exemption, or for whom you could claim an exemption except that you signed a statement allowing the noncustodial parent to claim the exemption or the noncustodial parent provides at least $600 support and claims the exemption under a pre-1985 agreement
Any relative listed below for whom you can claim an exemption: (please click on link to see list of relatives)

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-head-...

Married Filing Separate

You may (BUT DO NOT HAVE TO) still be able to claim an exemption for your spouse if the following apply:

· Must have no gross income for U.S. tax purposes,
· Must not be filing a return,
· Must not be the dependent of another taxpayer.
· Has an ITIN

https://www.irs.gov/pub/irs-pdf/p17.pdf (page 25-26)

Nonresident alien or dual-status alien. Generally, a married couple can’t file a joint return if either one is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Pub. 519, U.S. Tax Guide for Aliens.

For instructions on applying for an ITIN, click here https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

@zidanea

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"