Filing while waiting for Green Card..

[dutchybug23]

My husband and I got married in May of 2024. He was here on a student visa until we eventually filed for an adjustment of status in Aug 2024. During this time he did not work and did not earn any money in any country. He did recieve a "work only" SSN because he was considering tutoring at his school but that never ended up happening. We finally got his green card in Jan 2025. 

Can we file jointly? What is he considered as? And do we need to file an FBAR (He has more than 10k in foriegn accounts)?

[DaveF1006]

Yes, assuming you are a US Resident Alien, you may file jointly. You may not however use the temporary SSN that was issued to him for IRS tax filing purposes. 

If you file jointly, you will need to include his world wide income made in 2024 on your return. This would be all income earned by him in 2024 regardless where the income was made. He will be treated as a resident alien for tax reporting purposes.

If he has more than $10K in is foreign accounts, he does need to file an FBAR. Also if his bank balances exceed $100,000 on the last day of the year or over $150,000 at any time during the year, a 8938 will need to be filed.

When you enter your personal information in your return, there will be a screen that will ask if your spouse is a non-resident alien and if you would like them treated as a resident for the entire year. See the screenshot below. When you check this box, your return will include a statement that you have made this election.

To enter your FBAR and possibly your 8938 information.

• Go to federal 
• Other Tax situations
• Other Tax Forms
• Miscellaneous Tax Forms
• Prepare a Report on Foreign Financial Assets

As an FYI, since your spouse does not have a SSN, you will need to print and mail your complete return this year as IRS does not permit electronic filing if a SSN is omitted. When you print your return, the complete filing and mailing instructions are provided by Turbo Tax.  Here is the screenshot I mentioned