I'm on F1 status, my spouse and child on F2 visa. We are in US since mid 2017, so pass substantial presence test and will file 2022 taxes as tax residents for the first time. I have SSN, my wife and child do not have SSN/ITIN. During 2017-2021, I filed form 1040-NR, spouse and child - form 8843.
Questions for filing 2022:
- is my spouse considered "tax resident" for 2022? (F2 visa, >5 years in US, no SSN/ITIN)
- how should we file taxes: "married filing jointly" or "married filing separately"
- can we file "married filing jointly" if my spouse does not have ITIN via Turbo Tax?
- if "married filing jointly", does my spouse has to file taxes? (she's not working)
- do my spouse / child need to get ITIN before filing taxes for 2022 or attach W-7 form if we file jointly?
- which reason should my spose choose in W-7 form:
- "Dependent/spouse of a nonresident alien holding a U.S. visa" OR
- "Spouse of U.S. citizen/resident alien"? OR
- "U.S. resident alien"
Thank you!
