topic What about New York State taxes? The law requires that I... in Deductions & credits

How can I file taxes with my new foreign spouse who doesn't have a social security number

aaronmacdonald — Fri, 07 Jun 2019 22:00:47 GMT

I am an American citizen and got married to a foreign spouse in November 2015. My wife came on a K-1 fiancee visa, which has since expired and we are waiting on her green card application to be processed by the department of homeland security. Until we get her green card, she can't get a social security number, which I need to do our taxes. What are my best options for filing my 2015 tax return? We are both living in the United States now.

Tax law states because you are married, you must file you...

Fern — Fri, 07 Jun 2019 22:00:49 GMT

Tax law states because you are married, you must file your taxes using either the Married Filing Jointly status or Married Filing Separately status.  Your spouse, will be considered a nonresident alien.

You have two choices in filing your taxes.
Choice 1
• Treat your spouse as a 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.
   1. 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.
   2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.  You will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf).  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.
   3. 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.

Choice 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.
   1.  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 husband. You will need either a social security number or an ITIN for your husband to claim the exemption.

https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Same situation. But what if I do not want to claim an exe...

chcaohan — Fri, 07 Jun 2019 22:00:50 GMT

Same situation. But what if I do not want to claim an exemption for my husband, does he have to apply for ITIN or SSN?

I chose Choice 1 (treat my wife from a different country...

nikky-ngoc-do — Fri, 07 Jun 2019 22:00:52 GMT

I chose Choice 1 (treat my wife from a different country as a resident). What is the address should I send the declaration statement and the tax return to?

Can someone please answer the question "what if I do not...

tshamu — Fri, 07 Jun 2019 22:00:53 GMT

Can someone please answer the question "what if I do not want to claim an exemption for my husband, does he have to apply for ITIN or SSN?" I have the same predicament

I am going to file Married filing separately. Do I still...

anaklein1040 — Fri, 07 Jun 2019 22:00:54 GMT

I am going to file Married filing separately. Do I still have to file a tax return for my husband? or do I just file mine.

Please start your own question.

SweetieJean — Fri, 07 Jun 2019 22:00:56 GMT

Please start your own question.

Similar Situation but my husband hasn't entered the count...

lashondriataylor — Fri, 07 Jun 2019 22:00:57 GMT

Similar Situation but my husband hasn't entered the country as of yet. We are in the process of filing for his spousal Visa

What about New York State taxes? The law requires that I...

neeraj-gupta-ny — Fri, 07 Jun 2019 22:00:59 GMT

What about New York State taxes? The law requires that I e-file.

What if you newly married and your wife lived outside the...

mgbeat808 — Fri, 07 Jun 2019 22:01:02 GMT

What if you newly married and your wife lived outside the us?

Re: Can someone please answer the question "what if I do not...

Hamiaah — Tue, 18 Jun 2019 23:34:57 GMT

then you're saying that you're treating him as a resident you need to report his income his world in, US income and he needs to IGN or social security it says that at the have a blessed day

Re: I am going to file Married filing separately. Do I still...

Hamiaah — Tue, 18 Jun 2019 23:35:53 GMT

List as non-resident alien filing separately then you don't need a social security or his income that's his problem

Re: Please start your own question.

Hamiaah — Tue, 18 Jun 2019 23:36:42 GMT

My question is what if I married him gave him a Visa and now it's time for taxes but I find out he has a wife in Africa am I responsible for her to worldwide

Re: Can someone please answer the question "what if I do not...

rolanb88 — Fri, 20 Sep 2019 16:34:30 GMT

My wife is from Argentina. I worked as a waiter in Nebraska, and to file my tax return in 2016, 2017 and 2018, I was instructed to put 999-99-99 for her SSN. I received my refund without any problems. I'm not sure if the info came from TurboTax or from the IRS.

Re: How can I file taxes with my new foreign spouse who doesn't have a social security number

Rex Pope — Thu, 30 Jan 2020 00:17:11 GMT

For what it is worth:

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-head-of-household

Re: How can I file taxes with my new foreign spouse who doesn't have a social security number

Josh931 — Thu, 30 Jan 2020 03:17:03 GMT

What if my spouse was a full time student and graduated in 2018. She has a SSN from when she was a student. Can we use that same SSN even if she is no longer a student? She also does not work and i completely support her and our household.

Re: How can I file taxes with my new foreign spouse who doesn't have a social security number

KarenJ2 — Thu, 30 Jan 2020 13:32:46 GMT

If your spouse is a nonresident and you are going to file married filing separately and you are not applying for an ITIN (Individual Taxpayer Identification Number) with your return. then you need to follow the below steps.

In order to compete your return in TurboTax, you are going to have to enter a "dummy' social security number so you can finalize and print your return. You can enter 305-44-0001. You cannot e-file.
Once your return is printed you will need to "white-out" the dummy social security number. In it's place on page one of your return enter NRA (nonresident alien)/

How to Print and Mail your Return in TurboTax

Re: How can I file taxes with my new foreign spouse who doesn't have a social security number

Kaur-go — Fri, 14 Feb 2020 12:45:11 GMT

Why are you not allowed to efile??

Re: How can I file taxes with my new foreign spouse who doesn't have a social security number

DoninGA — Fri, 14 Feb 2020 12:47:30 GMT

@Kaur-go wrote:

Why are you not allowed to efile??

A tax return cannot be e-filed if there is are alphabetic characters in a tax return numeric field, ie NRA in the Social Security number box.

Re: Tax law states because you are married, you must file you...

amymariko — Mon, 30 Mar 2020 04:28:21 GMT

Hey @Fern !

I had a question about the exemption you mention here:

"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 husband. You will need either a social security number or an ITIN for your husband to claim the exemption."

My husband and I just moved to the US in February and I am a US citizen and he has a green card but his social security card has not arrived yet. I am researching what to do for filing if his social security number is delayed. Would the tax exemption be higher if I file jointly or if I claim the exception above? All of his income from 2019 was made outside of the US.