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justpaymeshit
New Member

I am a US citizen and my spouse submitted the application for green card in 1/2017. My spouse has no income. Do i file my tax as a family or just myself? Thank you.

 
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Opus 17
Level 15

I am a US citizen and my spouse submitted the application for green card in 1/2017. My spouse has no income. Do i file my tax as a family or just myself? Thank you.

If your spouse is a US resident, you can file jointly, but you either need a SSN (when the green card application is approved) or you need an ITIN (international tax ID number.)  If you think the green card application will take longer to approve and you want to file a tax return now, you can't e-file.  Leave the SSN space blank and print your tax return.  Also download and print a form W-7, application for ITIN.  Attach the W-7 and any required proofs to your tax return and mail the whole package to the address in the W-7 instructions, which may not be the normal mailing address for tax returns from your state.  See this for more.   https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad-nonr...


Joint filing usually results in lower US tax.  Even if you filed a married filing separately return, you need your spouse's ITIN unless they are a non-resident alien, so I don't think filing separately will save you any time, and it will cost you some tax money.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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