Filing status with nonresident husband

[kady]

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

[xmasbaby0]

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...

[pk]

@ 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 ?

[kady]

Thank you so much!!!!