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I was married in 2016 in a foreign country and my spouse has not been in US. Can I file my return as Married?

 
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RichardG
New Member

I was married in 2016 in a foreign country and my spouse has not been in US. Can I file my return as Married?

Yes.  In fact, you can no longer file as single.  The IRS recognizes you as married, as long as the ceremony was lawful in the county where it took place.  You can either file a joint return with your spouse or file a married, separate return.  In most cases it's more beneficial to file a joint return.

Even though your spouse is likely a nonresident alien, you can elect to treat the spouse as a resident alien and file a joint return.  Please follow this link for more help.  https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident



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1 Reply
RichardG
New Member

I was married in 2016 in a foreign country and my spouse has not been in US. Can I file my return as Married?

Yes.  In fact, you can no longer file as single.  The IRS recognizes you as married, as long as the ceremony was lawful in the county where it took place.  You can either file a joint return with your spouse or file a married, separate return.  In most cases it's more beneficial to file a joint return.

Even though your spouse is likely a nonresident alien, you can elect to treat the spouse as a resident alien and file a joint return.  Please follow this link for more help.  https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident



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