I am in the US on a TN1 visa. My wife is living in the US on a TD1 visa. She can't work on a TD1 visa and she won't file taxes/has no SSN. Can I still file jointly? How?

[sjhb]

We were married in June of 2017. She moved to the US after we were married and has not worked here. She will hopefully find a job and get sponsorship for a H1-B or similar visa.

[LinaJ2018]

When did you and spouse first enter US on the TN 1 visa ?

[sjhb]

I have been in the US since October 2016. My wife moved to join me in the beginning of October 2017. She is on the spouse visa, TD1.

[LinaJ2018]

You do not need to submit any documents to prove her wages when you submit your tax return.  Convert her income in US dollars and report on your joint tax return.  However, you do need to prepare to show any paperwork which proves her foreign wages if you are contacted by IRS for any audits or correspondence.  

On your Form 1040 joint tax return, if your spouse pays taxes to both foreign and US governments on the same amount of the income, she is entitled to claim a foreign tax credit on Form 1116.  Please see Foreign Tax Credit

As far as filing either Married Filing Jointly or Married Filing Separately, to see the differences between the two, please see attached information. 

https://ttlc.intuit.com/replies/3288477

[LinaJ2018]

Yes, you can.  Since you entered the US in 2016, you are considered as a resident for tax purposes by meeting the Substantial Presence Test  and will file a Form 1040 for your 2017 taxes.  As your spouse is considered as a nonresident in 2017, you can file an election to claim her as a resident and file Jointly.  Please see Nonresident to resident

As your spouse does not have a SSN or ITIN, you would need to apply one for her.  Please see ITIN

Per IRS, you cannot e-file a tax return which does not include a SSN or ITIN.  You are advised to use the TurboTax program to prepare your tax return and required forms.  Print and attach them to the Form W-7 with the required documentation ( see the above blue link ) and submit everything to the IRS by mail.  

Please do the followings in TurboTax program, 

-As you enter the information, leave the spouse's SSN space blank

-After entering all your information, print out returns and required forms ( write APPLIED in the SSN space) 

[sjhb]

Thank you for the information. What are the benefits of filing jointly over filing separately (and my wife not filing at all)? She had an income in another country for 8 months of 2017 where she had a low tax rate (and low income).

[sjhb]

Oh, and what kind of documentation of her salary and taxes paid in the other country would I need for filing jointly here in the US?

[LinaJ2018]

Sorry for the late response.  Please see below for answer.