besito89
Returning Member

Get your taxes done using TurboTax

@pk Thank you for taking my question! I’m on F1 OPT and we have been both in the US for more than 5 years on F1/F2 status. This is the first time I’m filling as resident for tax purposes, and we thought the only option was to file jointly. Isn’t a requirement for my spouse to file as resident for tax purposes, even if he is on F2 without any income? Is it still okay to file separately, if my spouse doesn’t get ITIN on time? I’m worried that even if we re-apply for his ITIN at the IRS office, we won’t get it on time before the october deadline for filing state  taxes.