Solved: Got married 11/04/17, wife is a foreigner without citizenship still living in the Philippines do o file married but filing separate? Or just single?
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Got married 11/04/17, wife is a foreigner without citizenship still living in the Philippines do o file married but filing separate? Or just single?

 
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New Member

Got married 11/04/17, wife is a foreigner without citizenship still living in the Philippines do o file married but filing separate? Or just single?

If you are a US citizen or resident alien and you are considered married as of the end of the calendar year, you will only be able to file as either married filing separately or jointly. (You cannot file as single.)

To include your nonresident alien (NRA) spouse on your tax return, if your NRA spouse does not have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), you will need to apply for one. To apply for an ITIN, you would use Form W-7 and would need to attached your tax return to this form (see below). Please note, you will not qualify for the Earned Income Credit (EIC) without a valid Social Security number (not an ITIN) for yourself, your spouse (if filing jointly), and any qualifying children.

Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes.

Here are some additional steps for filing married filing jointly if spouse needs an ITIN

  • leave NRA spouse's SSN blank and print a paper copy of your tax return.
  • will may need to use an SSN holder number for your NRA spouse to get through the health care section (try 999-11-9999).
  • skip error check section if only error is missing SSN for spouse.
  • under the file tab, you will need to select "file by mail" and print a copy of your federal income tax return.
  • attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:
    •  A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
    • The name, address, and identification number of each spouse.
  • apply for NRA spouse’s Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN). (You will need to apply for a ITIN if filing married filing separately and taking an exemption for NRA spouse and that NRA spouse does not have a SSN. (see option 3 below))
  • attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return (For the supporting documents, one option is for your NRA spouse to get a certified copy of his/her passport which will need to be included with your tax return filing.) Click here for IRS website  ITIN - Frequently Asked Questions .
  • mail your tax return along with your declaration statement, Form W-7 and supporting documents to the IRS. According to the IRS, because you are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

         Internal Revenue Service
         Austin Service Center
         ITIN Operation
         P.O. Box 149342
         Austin, TX 78714-9342 

    You may also apply for an ITIN using the services of an IRS-authorized
    Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin.

To file as Married Filing Separately (includes head of household (HoH), if you have a "qualified relative"- see US citizens and Resident Aliens Abroad - Head of Household) and you are NOT taking an exemption for your NRA spouse.

    • leave NRA spouse's SSN blank.
    • will have to use an SSN holder number to get through the health care section (try 999-11-9999).      
    • hand-write "NRA" in all of the places on your tax return that require your NRA spouse's SSN (IRS - Married Filing Separately
    • skip the error check section as long as your only error is missing spouse's SSN.
    • mail in your return (you will not be able to efile your tax return so choose "file by mail" in TurboTax).
    • mail to IRS address printed with your return.


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1 Reply
New Member

Got married 11/04/17, wife is a foreigner without citizenship still living in the Philippines do o file married but filing separate? Or just single?

If you are a US citizen or resident alien and you are considered married as of the end of the calendar year, you will only be able to file as either married filing separately or jointly. (You cannot file as single.)

To include your nonresident alien (NRA) spouse on your tax return, if your NRA spouse does not have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), you will need to apply for one. To apply for an ITIN, you would use Form W-7 and would need to attached your tax return to this form (see below). Please note, you will not qualify for the Earned Income Credit (EIC) without a valid Social Security number (not an ITIN) for yourself, your spouse (if filing jointly), and any qualifying children.

Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes.

Here are some additional steps for filing married filing jointly if spouse needs an ITIN

  • leave NRA spouse's SSN blank and print a paper copy of your tax return.
  • will may need to use an SSN holder number for your NRA spouse to get through the health care section (try 999-11-9999).
  • skip error check section if only error is missing SSN for spouse.
  • under the file tab, you will need to select "file by mail" and print a copy of your federal income tax return.
  • attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:
    •  A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
    • The name, address, and identification number of each spouse.
  • apply for NRA spouse’s Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN). (You will need to apply for a ITIN if filing married filing separately and taking an exemption for NRA spouse and that NRA spouse does not have a SSN. (see option 3 below))
  • attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return (For the supporting documents, one option is for your NRA spouse to get a certified copy of his/her passport which will need to be included with your tax return filing.) Click here for IRS website  ITIN - Frequently Asked Questions .
  • mail your tax return along with your declaration statement, Form W-7 and supporting documents to the IRS. According to the IRS, because you are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

         Internal Revenue Service
         Austin Service Center
         ITIN Operation
         P.O. Box 149342
         Austin, TX 78714-9342 

    You may also apply for an ITIN using the services of an IRS-authorized
    Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin.

To file as Married Filing Separately (includes head of household (HoH), if you have a "qualified relative"- see US citizens and Resident Aliens Abroad - Head of Household) and you are NOT taking an exemption for your NRA spouse.

    • leave NRA spouse's SSN blank.
    • will have to use an SSN holder number to get through the health care section (try 999-11-9999).      
    • hand-write "NRA" in all of the places on your tax return that require your NRA spouse's SSN (IRS - Married Filing Separately
    • skip the error check section as long as your only error is missing spouse's SSN.
    • mail in your return (you will not be able to efile your tax return so choose "file by mail" in TurboTax).
    • mail to IRS address printed with your return.


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