Filing Status if Both Taxpayer and Spouse are Nonresident Aliens in 2021

[Alex121]

Good afternoon everyone,

If a taxpayer is nonresident alien and came to the U.S in November 2021. His spouse is also a nonresident alien (they got married oversees). So, his legal marital status in 2021 was married (both the taxpayer and spouse are nonresident aliens). He does not pass the presence test nor the green card test for residency purposes.

What filing status must he file (married filing separately, right?)

What about the nonresident spouse? Does she have to file taxes  since she does not have a social security number nor an ITIN, and they cannot file a joint return?

Please advise.

Thank you!

[DaveF1006]

Since this is a 1040 NR return, you may wish to contact our affiliate at sprintax.com for more information.

[Alex121]

Thank you for the reply, Dave.

The website looks very useful, but I would like to file the taxes myself. The website is asking me to prepare the taxes through Sprintax.

Do you have any other alternative (even through that website) to get my question answered, please?

Thank you!

[DaveF1006 · Accepted solution]

Yes, according to the IRS non-resident publication, filing jointly is not an option. He must file married Filing Separately on a 1040 NR. The spouse does not need to file. 

@Alex121