Married to a nonresident, noncitizen

[taxpayer27]

I'm a US citizen, my spouse is from Taiwan (non US resident, non US citizen). We got married in TW this year. She lives in TW and has a job and income there. 

I have the following questions:

1. When filing taxes, can I file Married Filing Separately so her income does not get taxed?

2. If filing MFS, will she have to file a separate return or not? 

3. When she does move to the US, can we then switch to filing MFJ, so both our incomes are taxed in the US?

Thanks!

[pk · Accepted solution]

@taxpayer27 , first congratulations on starting a new phase of life --- best wishes for long fruitful life.-- to both of you

(a) Can you file MFS --- YES;

( b) Does she have to file anything to US ,  --- as long as she is not a resident here in the USA ( admitted to US and have lived for 183 days  -- Substantial Presence Test ), she is a Non-Resident Alien and as such is taxed ONLY on US sourced income .

(c) When she enters USA, you can indeed file as MFJ --- just time it right so as to keep her income out of US i.e. only pay TW taxes.

Does that cover your queries ?

[taxpayer27]

Thank you so much! That is completely clear, I really appreciate your response!

[Natashulia]

Hi! I have the same situation. However, when I try to e-file through Turbotax as MFS, it is asking me to populate my spouse's SSN or ITIN, which my spouse does not have. Is there any way to bypass it?

[taxpayer27]

Hello!

Unfortunately there is no way to bypass it. I was in the same situation, and had to complete the taxes, and not e-file. I had to print them out, and write "NRA-non-resident alien" in all the SSN fields, sign the forms, and mail them (Federal + State). It's unfortunate but TurboTax does not allow e-filing without SSN for both you and your spouse.

[taxpayer27]

Hello!

Unfortunately there is no way to bypass it. I was in the same situation, and had to complete the taxes, and not e-file. I had to print them out, and write "NRA-non-resident alien" in all the SSN fields, sign the forms, and mail them (Federal + State). It's unfortunate but TurboTax does not allow e-filing without SSN for both you and your spouse.