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Returning Member
posted Feb 15, 2022 7:53:41 PM

Can I efile my 2021 tax return as married filing jointly if my spouse is a non resident alien and if she has an ITIN number?

I am married to a non-resident alien and I am a Lawful permanent resident (LPRs). Can I file a 2021 tax return as married filing jointly? I have already sent an application for ITIN for my wife, but then I realized I have to send my federal tax return along with it. Should I wait if ITIN to process successfully or mail my federal tax return or file an extension if ITIN takes longer than expected? 

 

Any suggestion or answers to the above question is really appreciated. Thanks in advance 

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1 Replies
Expert Alumni
Feb 15, 2022 8:12:09 PM

Yes, you can file Married Filing Jointly.  If your spouse is a nonresident alien, you have three options when you file your taxes. Select an option below to see which is best for you.

 

Married Filing Jointly with a nonresident alien spouse - This is the option you are referring to.  You will need to file by mail. 

Married Filing Separately with a nonresident alien spouse

Filing as Head of Household

 

 

General information regarding non-residents can be found here:  Tax Tips for Resident and Non-Resident Aliens