What are my filing options? Will I need any additional forms. Spouse is waiting for green card but has ssn & employment authorization. He has had no income this year.

[LinaJ2018]

I assume you are a US citizen and is your spouse living in US on a visa ?  How long has he been living in US ?

[susancao]

You can only file as MARRIED either joint or separate, try it both ways and see which saves you money.

[m-r2017]

I am a US citizen & we married last year. He has been here on F1 status for 3 1/2 years. Since getting married we have applied for adjustment of status and now we are now waiting for the interview for the green card. During the wait we applied for an employment authorization document and ssn which he has currently. He has had no income this last year including outside the US. & no one else can claim him as a dependant.

[m-r2017]

And yes he is living with me in the US

[LinaJ2018 · Accepted solution]

Since you are married, your filing option is either Married Filing Jointly or Married Filing Separately.  You might need to submit additional paperwork to complete your filing.  Please read the followings:

As an F-visa holder, your spouse is considered as a nonresident up to five years from the year he first entered the US.  Since he married you, you can make an election to claim him as a resident and file a Form 1040 during 2019.  See Nonresident to resident

Without making the election, your spouse would remain as a nonresident and required to file separately on Form 1040NR which TurboTax does not support.  Since he has zero income during the year, it might be easier and also beneficial for you both to file jointly on a Form 1040.

[m-r2017]

Can I still claim him as a resident and claim his  personal exemption if we file jointly? Or do we have to file separately to do this. We want to file jointly.

[LinaJ2018]

If you make an election, he is considered as a resident.  By selecting Married Filing Jointly filing status, you can claim personal exemptions for both yourself and your spouse.

[m-r2017]

I would like to file that way, and I would like to use turbo tax again am I unable to do so? I called the IRS hotline & the women on the phone said that because he has emoloyment authorization and ssn he is considered a resident alien not a non resident alien. I am confused.

[LinaJ2018]

With the election, your spouse is considered a resident and you will be able to file jointly with TurboTax.

[jc1234]

I got different answer from Turbo Tax, need to paper file and include statement to be treated as a resident and cannot e-file. Please clarify. <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/4171276-what-are-my-filing-options-will-i-need-any-additional-form...>