I got married to someone from Mexico in 2020 and we are currently going through the visa process. My husband has never been in the United States but I still live in the US. What filing status should I choose ?
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Since you were married on December 31 you have to file as MFJ or MFS. As a US Citizen or a Resident Alien, you have two choices in filing your taxes.
Option 1
Treat your spouse as resident alien for tax purposes. If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes. To do this follow these steps.
Option 2
Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.
Even though he’s never been in the United States? We’ve never lived together. And he doesn’t have a SSN nor an ITIN since he’s still in the visa process outside of the United States.
Yes, regardless of which option you choose, you will have to get an ITIN for him. See Who Needs an ITIN or Individual Tax Identification Number?
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