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Level 2
March 8, 2020
Solved

Filing married - foreign non-resident spouse

  • March 8, 2020
  • 11 replies
  • 98 views

Hello,

 

Similar questions have been asked but I am asking for the details of my situation and for the current tax return year. I would like advice about how to file my taxes this year. I am married but my wife does not have citizenship or a green card yet. She lives in Mexico and has applied for a greencard and is waiting to get an interview. She currently doesn't make any income and hasn't made any income that would be taxed in the U.S this year or previously.

My question is how should I file and any things I should know when completing my return. I read in similar posts that it is recommended to file married but separately and mail in the completed forms instead of e-filing. I'm wondering what options there are and what would be recommended. Thank you kindly for your help.

    Best answer by linaj20201

    You have two options. 

     

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

    -As TurboTax does not support the Form W-7, fill out the forms by following

     https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required  documentation

    -Submit everything including your tax forms to IRS Austin location in Texas.  ( Form W-7 instructions)

     

      

    Or you can 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.  But you will not able to e-file either.  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: 

    • In the program, leave the SSN space blank
    • After completing the return, print out the forms.  Write “NRA” in the spouse's SSN space. ( NRA stands for Nonresident Alien). Do not leave the space blank. 
    • Submit all the forms and required documents to IRS based on the instructions on your print-out.

    To see the advantages and disadvantages of MFJ and MFS, click here: MFJ vs MFS

     

    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.  Click here: Comparisons

     

    11 replies

    Level 14
    March 8, 2020

    Does she have a Social security number or an ITIN?

    Level 2
    March 8, 2020

    No

    Level 14
    March 8, 2020

    You have two options. 

     

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

    -As TurboTax does not support the Form W-7, fill out the forms by following

     https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required  documentation

    -Submit everything including your tax forms to IRS Austin location in Texas.  ( Form W-7 instructions)

     

      

    Or you can 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.  But you will not able to e-file either.  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: 

    • In the program, leave the SSN space blank
    • After completing the return, print out the forms.  Write “NRA” in the spouse's SSN space. ( NRA stands for Nonresident Alien). Do not leave the space blank. 
    • Submit all the forms and required documents to IRS based on the instructions on your print-out.

    To see the advantages and disadvantages of MFJ and MFS, click here: MFJ vs MFS

     

    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.  Click here: Comparisons