File jointly if my wife was not in the US during 2021?

[khurram]

Hey Guys. I can't seem to find an answer to this exact question online. Maybe people here can comment on it. 

I am a resident alien for tax purposes and got married in 2021 outside the states. My spouse did not enter the US till 2022. Can i still file jointly? From what I could find on the internet, it seems like i can since i was legally married on the last day of 2021. 

Assuming that's the case, my spouse does not have an SSN/ITIN. Can someone comment on what the chances are of getting an appointment for her W7 document verification in the next few days? We are traveling soon and can't send her passport to the IRS. I realize that the answer to this question will depend on a lot of factors but just an estimate would help. We are in Texas if that helps. 

Thanks for your help!

[hbl3973]

khurram,

You should download IRS publication 519 from https://www.irs.gov/pub/irs-pdf/p519.pdf and turn to page 9 where the topic of a nonresident spouse being treated as a resident is covered.  

As to the W-7 timing, I have no idea.  What I would suggest is to use TurboTax to compute how much you will owe, if anything, and if you owe, have TT print out an extension form for you to send in with the payment.  This will then give you another six months to get the paperwork done and file your joint return.

[Vanessa A]

Yes, you can file a joint return with your spouse even if they did not live in the US at all during 2021. 

If you are filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to

IRS

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Whether you file jointly or separately, when you print and mail your return, as your only options for filing are married filing joint or separate.  Even with a separate return, you must include your spouses SSN or ITIN to e-file.  

As for appointment time, very few things are quick at this point with the government, so you can try. 

You can also file an extension so you can have time to get everything together. 

[khurram]

Thanks -- I think that answers my questions.

[jainqraj]

I’m in a similar situation. I got married in November 2024, and my spouse has never been to the U.S. and never hold a U.S. visa. She will be applying for a U.S. visa in 2025. Am I still eligible to file as “Married Filing Jointly” for 2024?

[xmasbaby0]

@jainqraj

MY SPOUSE LIVES ABROAD AND/OR DOES NOT HAVE A SSN

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-person-claim-head-house...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/file-taxes-spouse...