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Assuming you are a US Citizen or a Resident Alien, and you were married on December 31, you have to file as MFJ or MFS. You have two choices in filing your taxes.
Option 1
Treat your spouse as resident alien for tax purposes. If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes. To do this follow these steps.
Option 2
Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.
https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident
If everyone on the tax return has a social security number or ITIN, you should mail your return to the address listed in the 1040 instructions. Tax returns with a Form W-7 should be mailed to the Austin TX address.
A tax return accompanied by one or more W-7 forms cannot be submitted electronically. You can submit it in person at any IRS Taxpayer Assistance Center that performs in-person document reviews; most major cities have such assistance centers, and there is at least one center in every state.
You can also submit tax returns with W-7 forms by mail to:
According to the IRS, it takes 6 to 10 weeks to obtain an ITIN. An ITIN will expire at the end of the year if it is not used on a federal tax return in the last 3 years.
Thank you for your reply.
It's very troublesome...
I used to ask a tax accountant,
Was it easy because my wife was in Japan?
My wife came around November last year,
The i-94 was not updated, so I was thinking of getting SSN after updating it.
However, my company went bankrupt at the end of last year, and I was going to Japan next month to get a new visa, so I was going to apply for SSN after that.
My wife filed her tax return in Japan and came. Is it this hard because you came to America? I'm married and declare separately, but why can't I file my tax return because I don't have my wife's SSN?
I wonder how the tax accountant did it.
I'm sorry for the strange translation.
This only applies if you are a US Resident Alien. If you are married, your only filing options are Married Filing Jointly or Married Filing Separately. In both situations, your spouses SSN or ITIN must be included on the return in order to e-file.
If they do not have an SSN or ITIN and you choose to file Married Filing Separate ,you can try typing NRA in as your spouses last name. Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for her SSN.
If you file as Married Filing Separate, then you would only include your income.
If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, you would need to include their income on your return as well and they would be taxed on it. If you choose filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to
IRS
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
If you are now a US NON resident alien, then you would not be able to file form 1040, you would need to file form 1040NR. TurboTax does not support the 1040NR, but Sprintax.com does.
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