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

[Josh931]

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.

[KarenJ2]

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.

1. 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.
2. 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

[Kaur-go]

Why are you not allowed to efile??

[DoninGA]

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@Kaur-go wrote:

Why are you not allowed to efile??

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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.

[amymariko]

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.

[KarenJ2]

You are better off filing married filing jointly.  You can do this with an election from page  8 of Publication 519, Choosing Resident Alien Status.  You would both need to declare  your worldwide income for calendar year 2019.  Your spouse can utilize foreign tax credit to help offset any double taxation on his income earned outside the US.

You would need to print and mail your return and attach the election to file married filing jointly to your return when mailed.

You would need to file an extension until October 15, 2020.  Hopefully, you will receive the SSN by then.  To file jointly, you would need to receive the SSN by the extended due date of the return.

There  is a problem with filing married filing separately to claim an exemption for your spouse. Exemptions for spouse and children are no longer available for for US tax filings.  However if you file married filing jointly you can receive a standard deduction of $24,400.

[oclyn]

My wife has not got an SSN. We are filing jointly. If we submit all tax return documents and W7 form to IRS Texas, is it enough for filing our tax returns? Or, do we also need to submit to the Department of the Treasury (Internal Revenue Service for tax return) and Franchise Tax Board (for CA state tax return)?

[DoninGA]

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@oclyn wrote:

My wife has not got an SSN. We are filing jointly. If we submit all tax return documents and W7 form to IRS Texas, is it enough for filing our tax returns? Or, do we also need to submit to the Department of the Treasury (Internal Revenue Service for tax return) and Franchise Tax Board (for CA state tax return)?

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You only submit your federal tax return and the Form W-7 to the IRS in Austin, Texas.  Once the ITIN is approved for your spouse you can use that number on your state tax return.

[G111]

If I go with the first option: treat spouse as a resident alien for tax purposes. Does that also apply for the state (California) tax return? I am wondering if it is possible to treat my spouse as a US resident in the federal return but a NON-resident in the California state return.

[jkraft]

What can I do if my husband does not live with me in the US. We are married in India but not in the US. How can I files. We are applying for a green card. He does not have a SS# or a tax identification number for me to claim hinm as an exemption. 

[patel007]

Hello friends, Today I will give you a full solution to how I filled tax return married filing jointly.

My scenario - I got married in Jan 2019 and my wife did not come to the U.S until April 2020. So now I decided to file married filing jointly. I tried turbo-tax and H&R block online but I did not let me file married filing separately or jointly. The system keeps asking for my wife's social security number or ITIN number. I ask almost every agent in H&R block and other local to help with this but they had only one answer that I should file as single. I tried to file as single but I saw that there is a big amount waiting for me to pay back to IRS.

Solution: After a lot of research I came to know there is a way I can file ITIN number and that allows me to file as married filing jointly.

Step 1) go the IRS website and find agents located in your country where your souse resides ( for me it was India ).

Note: These agents are certified by IRS

Acceptance Agent Program

Step 2 ) call agents and tell your situation. They have a package for both ITIN and U.S basic tax returns cost about $250.

Step 3) since you are claiming your spouse's income. You must submit all his/her income to the US. For example, my wife only worked about 4 months.

Plus, you and your spouse's financial assets.

Step 4) Just trust agents, they will take care of everything. They take care of ITIN and extension if you need it.

Step 5 ) I received a final draft from the agent that was shocking. I received a refund almost twice the amount that I had to give IRS for filing as single.

Step 6) remember for single tax deduction is $12000 and for married, its $24000 plus you can claim your spouse and child as a dependent.

Taxes: Single vs. Married | How to File - SmartAsset.

[amymariko]

Hey Karen!

You were so helpful with my previous question, thanks for that! My husband has obtained his SSN! Praise the Lord! Since I mailed in my MFJ tax return putting ITIN for my husband back in April—now what is the next step to complete filing? Do I need to mail in the forms again with his SSN or can I do that online on TurboTax? 

Thanks in advance!

[BOZMAN 52]

married dec 12 2020, can I file separately

[DoninGA]

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@BOZMAN 52 wrote:

married dec 12 2020, can I file separately

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Legally married in 2020 you can only file as Married Filing Jointly or Married Filing Separately.  You would want to file as MFJ for tax purposes even if one spouse has little or no income.

[BOZMAN 52]

does not have SSN yet