Filing status

daisy0903 — Mon, 01 Feb 2021 00:46:58 GMT

I got married to someone from Mexico in 2020 and we are currently going through the visa process. My husband has never been in the United States but I still live in the US. What filing status should I choose ?

Re: Filing status

MaryK4 — Mon, 01 Feb 2021 00:56:53 GMT

Since you were married on December 31 you have to file as MFJ or MFS. As a US Citizen or a Resident Alien, you have two choices in filing your taxes.

Option 1

Treat your spouse as resident alien for tax purposes. If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes. To do this follow these steps.

Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.
List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse. If your spouse has a social security number you will use it. If not, you will need to apply for a number using Form SS-5. If your spouse is not eligible to apply for a Social Security number, complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN). This form will be attached to your tax return. Turbo Tax does not support the Form W-7. You can complete it outside of Turbo Tax. You will have to print, sign and mail your return in if you are using Form W-7.
For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.

Option 2

Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.

If you file as Married Filing Separately AND your spouse has no income from sources within the US AND is not claimed as a dependent of another US taxpayer, you CAN claim an exemption for your spouse. You will need either a social security number or an ITIN for your spouse to claim the exemption.

Re: Filing status

daisy0903 — Mon, 01 Feb 2021 01:31:18 GMT

Even though he’s never been in the United States? We’ve never lived together. And he doesn’t have a SSN nor an ITIN since he’s still in the visa process outside of the United States.

Re: Filing status

MaryK4 — Mon, 01 Feb 2021 02:02:01 GMT

Yes, regardless of which option you choose, you will have to get an ITIN for him. See Who Needs an ITIN or Individual Tax Identification Number?

@daisy0903

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