Filing status with nonresident husband

Forum|Forum|1 year ago
January 10, 2025
3 replies
32 views

Hello, I hope this is not a complex question.

im a US citizen, but my husband who I just married last year in September is a nonresident alien with a work permit and Social Security card pending his green card. he has not worked in the US yet, but I was wondering, are we allowed to to file taxes jointly although he he didn’t work as of December 31 or should I file alone?

thank you

Not A Product Question

xmasbaby0

Level 15

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-household-filing-status/L078u1RSW_US_en_US?uid=lmtc1ov4

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/file-taxes-spouse-nonresident-alien/L4AuRKrMd_US_en_US?uid=m5r1a77j

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

pk_

Level 15

@ kady ,

(a) if the NRA ( Non-Resident Alien ) has not passed the SPT ( Substantial Presence Test ) but has US sourced income, then he/she must file 1040-NR ( not supported by TurboTax ).

(b) A Non-Resident can choose to file along with a US ( citizen/ GreenCard / Resident for Tax purposes ) as a resident and MFJ ( Married Filing Joint). In such a case his/her world income will come under US taxation.

Given the above and because he has had no US source income and still NRA, it may be simpler for you to file as MFS ( Married Filing Sep.). You prepare as MFS , provide his name/SSN etc. as usual and e-file. And you can use standard deduction.

Is there more I can do for you ?