pk
Level 15
Level 15

Get your taxes done using TurboTax

@vc76  As I understand your situation

1. You a F-1 visa student have completed your exempt period  and thus 2022 ( 2017 through 2021 were  exempt ) is the first year you are filing as  Resident for tax purposes.

2. Your spouse  on F-2 and  child also on F-2 have been living here in the USA  all this time.

3. The question now is how to file for 2022 tax year.

 

Generally , and absent any  independent adjustment to the  dependent visa, the tax status of the  dependent is the same as  that of the main visa holder. Thus once you became a  resident for tax purposes, your spouse also became a Resident for Tax purposes.  Thus you can indeed file as Married Fling Joint ( MFJ)  and obviously this means all her world  income  ( if any , and just yours ) is taxed by the USA.

 

Now to be able to file a  joint return  or any return for that matter one must have a TIN  ( Tax Identification Number  --- SSN, ITIN or ATIN ).  Since your spouse does not have any TIN, you would need to file  for that , either separately or along with your return -- in ether case the processing of your return ( any refund issuance  ) would be delayed .

For filing along with your return , you prepare the return using TurboTax, use a dummy SSN for spouse  and child  (  you could use  your own SSN and replace the last four digits  with  things like 4000 and 5000 for the spouse and child  respectively), then print the return, replace the  dummy SSNs with  " N R A ", sign date  by both you and spouse.  Next download the ITIN application W-7, attache all the  documentation required , and send the whole thing by secure post  to the IRS.   This will allow IRS to issue  ITIN retrospectively and then process your return -- but it will take time.

 

Is there more I can do for you ?

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