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erinlsands
New Member

I am married but my spouse is not a US Citizen and therefore doesn't have a social security number, but it is requesting that I put one for him.

How do I get past this?
1 Best answer

Accepted Solutions
Opus 17
Level 15

I am married but my spouse is not a US Citizen and therefore doesn't have a social security number, but it is requesting that I put one for him.

If you are a US taxpayer (citizen or resident alien) married to a non-resident alien you have two choices.

1. You can file as married filing separately. You do not list your spouse as a dependent.  Leave the spouse's SSN blank.  You will be prevented from e-filing.  Print your return, write "NRA" for the spouse's SSN, and mail in your return.  Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed.

2. Or, you can elect to treat your spouse as a US resident for tax purposes.  This means you can file as married filing jointly, which has lower rates and better deductions. But it means you must report and pay US tax on your spouse's worldwide income (subject to a deduction for foreign taxes that they paid).  You still can't e-file, and you will have to use a fake SSN to get through the health care section (try 999-88-9999).  Then print the tax return, use some white out to blank the fake SSN and write "applied for".  Also download and print a form W-7 to apply for an ITIN (international tax ID number) for your spouse.  Mail the tax return and the W-7 to the address in the W-7 instructions, not the normal tax return mailing address.

If your spouse is a US resident alien, then you either file jointly or separately (joint filing usually has lower tax rates and better deductions.)  In both cases you need an ITIN, and the procedure for leaving the SSN blank, printing your return, and mailing it to the IRS with form W-7 is the same as described above.


You can't file as single.

More info here,

https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad-nonr...

https://www.irs.gov/publications/p519/index.html



https://www.irs.gov/uac/about-form-w7


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

View solution in original post

1 Reply
Opus 17
Level 15

I am married but my spouse is not a US Citizen and therefore doesn't have a social security number, but it is requesting that I put one for him.

If you are a US taxpayer (citizen or resident alien) married to a non-resident alien you have two choices.

1. You can file as married filing separately. You do not list your spouse as a dependent.  Leave the spouse's SSN blank.  You will be prevented from e-filing.  Print your return, write "NRA" for the spouse's SSN, and mail in your return.  Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed.

2. Or, you can elect to treat your spouse as a US resident for tax purposes.  This means you can file as married filing jointly, which has lower rates and better deductions. But it means you must report and pay US tax on your spouse's worldwide income (subject to a deduction for foreign taxes that they paid).  You still can't e-file, and you will have to use a fake SSN to get through the health care section (try 999-88-9999).  Then print the tax return, use some white out to blank the fake SSN and write "applied for".  Also download and print a form W-7 to apply for an ITIN (international tax ID number) for your spouse.  Mail the tax return and the W-7 to the address in the W-7 instructions, not the normal tax return mailing address.

If your spouse is a US resident alien, then you either file jointly or separately (joint filing usually has lower tax rates and better deductions.)  In both cases you need an ITIN, and the procedure for leaving the SSN blank, printing your return, and mailing it to the IRS with form W-7 is the same as described above.


You can't file as single.

More info here,

https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad-nonr...

https://www.irs.gov/publications/p519/index.html



https://www.irs.gov/uac/about-form-w7


*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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