Filing married - foreign non-resident spouse

[Madbeach]

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 Poland 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.

Last year we filed  Married filing Separately. Unfortunately the pace of I-130 through USCIS is still very slow and even though we hoped it would be approved  we are still waiting.

My question is I would like to file married filing Jointly instead of married filing separately. What forms should should I use when completing my return. I saw that I can not file with E-File but that I could submit a paper return with a W-7 .  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. 

[Anonymous_]

@pk

[DaveF1006]

You may file either way.  Here are your two options.

Prepare your return by Filing Married Filing Jointly. Be sure to include all world wide income in this return for both spouses if there is worldwide income to report. Here you will file a 1040 tax return with the following stipulations.

1. Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident, and you are choosing to both be treated as US residents for the tax year.
2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.  You will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) ( http://www.irs.gov/pub/irs-pdf/fw7.pdf).  This form will be attached to your tax return.  Turbo Tax does not support the Form W-7.  You can complete it outside of Turbo Tax.  You will have to print, sign and mail your return in if you are using Form W-7. If you haven't received an ITIN or Social Security number prior to filing, leave the Social Security number blank and you will need to file this return by mail.
3.  For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income, if your spouse earned income in Poland.
4. This return cannot be electronically filed. 

You can also file Married Filing Separate by:

1. Prepare your return in TurboTax by choosing the option as Married Filing Separately.
2. When you get to the Let’s get ready to e-file screen, select File by Mail.
3. TurboTax will give you an error regarding the missing Social Security number or ITIN for your spouse. Proceed to print with the error, but write Nonresident Alien or NRA in the space for your spouse’s Social Security number before mailing in your return.
4. Mail the return to the address on the instruction sheet that prints with the return.

@Madbeach