ronaldcolin7
Returning Member

Can I change my filing status in the future?

I'm married trying to file jointly but the process of getting a ITIN for my wife is time consuming since she lives in the Philippines.  Can I file separate and once she gets her ITIN can I change to file jointly in the next tax season?

pk
Level 15
Level 15

Get your taxes done using TurboTax

(a) are you a citizen / resident of the USA ?   (b) are you currently living in the USA or in Philippines ?  (c)  Does your spouse have a US visa or is she a resident   of Philippines?

 

I ask these  because we first  need to determine if you are eligible to file a form 1040 and then if  you can file jointly with your wife.  Please help

ronaldcolin7
Returning Member

Get your taxes done using TurboTax

Yes, I'm a US citizen living in the US 
My wife is not a US citizen or resident and has never been to US 

pk
Level 15
Level 15

Get your taxes done using TurboTax

@ronaldcolin7 , ITIN are for people  not eligible for SSN and present in USA  Since you are married to a Non-Resident Alien, not present in the USA, generally  it is suggested that you apply for the visa  for her , which will also allow her  to get SSN. Then you can file as Married Filing Joint.

The issue you have here is that she is not present in the USA (and has not been admitted with a visa) and therefore she cannot even qualify for ITIN

Strongly suggest you visit the nearest IRS office and have them explain what they are willing to do or what path you should follow.  But most people that  I know,    get a K visa for the spouse , bring the spouse  to USA and then proceed with the rest of the steps to make her a citizen.