I was married to my spouse in 2023 in Nepal. She lives and goes to school there at the moment and hasn't been to US yet. I had filed for her I-130 and it's ongoing and might take few years to approve.
When it came time to file taxes, I decided to do Married Filing Jointly (MFJ), so I applied for her ITIN with W-7 form + 2023 federal return + certified copy of her passport > mailed it to IRS.
I had made the statement/election to treat my nonresident alien spouse as a US resident during the filing.
I got the ITIN now. The federal filing was done while I filed W-7, right?
And now I need to take care of state return, right?
During state filing, I got this question and I'm not sure what to select:
Nonresidents who meet the required criteria and wish to establish an irrebuttable presumption of non-Ohio residency for the tax year instead of filing Form IT NRS. Does the Taxpayer want to make this election?
Taxpayer: Yes or No
Spouse: Yes or No
I guess the answer should be:
Taxpayer: No (Because I live in Ohio)
Spouse: Yes (Because she lives in Nepal)
The only reason why I'm asking this question is because I'm confused if I should be selecting "Resident" for my spouse too because I had made that election to treat her as "US Resident" during W-7 filing. But I guess "US Resident" doesn't make her a "State Resident"? Is that right?
After this, all I need to do is print this and mail it to Ohio Department of Taxation?
Is this the right way to do taxes after getting ITIN for your spouse after W-7 approval? Am I missing anything?
Thank you!
