Can I claim my spouse who is abroad as dependent and file tax jointly?

[Sudipto22]

The form W-7 instructions say - A spouse can be claimed as an exemption only for tax years prior to 2018.

In my case, I got married in June 2022, I have a green card, and I applied for spouse visa for her following our marriage. Currently, my wife is in India, can she still apply for ITIN from India and we can file jointly?

What is the best tax filing status I can use right now if not married filing jointly?

[DianeW777]

Yes, she can apply for an ITIN. You have two options. Married filing jointly or Married filing separately

If you want to file jointly, you would need to make an election to claim your nonresident spouse as a resident.  

• Click here Nonresident Alien Spouse. You are required to report worldwide income from both of you and your spouse.  Without your spouse's SSN or ITIN, you won't be able to e-file, unfortunately.  IRS requires everyone on the tax return have either SSN or ITIN on the tax return.  You might want to apply for an ITIN.  In that case, you will have to file a Form W-7 for the ITIN and your taxes simultaneously with TurboTax program:
  • -In the program, as you enter the information, leave the SSN space blank 
  • -After entering all your information, print out returns and required forms (write Applied in the SSN) 
  • -As TurboTax does not support the Form W-7, fill out the forms by following instructions here.
  • -Attach to other required  documentation
  • -Submit everything including your tax forms to IRS address in the Form W-7 Instructions. 

If you want to file Married Filing Separately. 

You only need to report your own information and share of income (Your spouse remains as a nonresident).  You would not need to apply for ITIN for your spouse.  You will not able to e-file.  You can still use the program to prepare the tax forms but will have to submit by mail.  

To file separately without the SSN or ITIN: 

1. In the program, leave the SSN space blank
2. After completing the return, print out the forms.  Write “NRA” ** in the spouse's SSN space. (NRA = Nonresident Alien). Do not leave the space blank. 
3. Submit all the forms and required documents to IRS based on the instructions on your print-out.
4. To see the advantages and disadvantages of MFJ and MFS, use the hyperlink.

If you want to see the difference in result between the two filing statuses, I would suggest you use the desktop version instead of the online.  The desktop version allows you a feature for comparison.  How can we compare MFJ vs MFS filing status?

**Note: If you are a US citizen and your spouse does not have SSN or ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately.  Where asked to enter the spouse's Social Security number enter 999-88-9999.  Only print and mail your tax return, it cannot be e-filed.  When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

@Sudipto22