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@robertyler22 I need to understand the situation a bit better.
What do you mean by "has no resident status" ? Are you implying that the individual is undocumented alien OR are you talking about state residency ( i.e. the person is not a resident of that state ) ?
Are you a US person ( citizen/GreenCard? Resident for Tax purposes ) or NRA ?
Should one assume that your marriage was performed in the USA and that you both live here in the USA. ?
Is your marriage recognized under the laws of the state where you live ( if the marriage was officiated in a different state )?
What are you trying to do/achieve ? I ask because from your post, only you have income.
Please answer my questions and I will circle back when I hear from you. Note that if you are uncomfortable answering all the Qs in this public forum, you can always PM me ( just NO PII -- Personally Identifiable Information).
If your spouse is a nonresident alien, there are several ways that you can file.
1. Married filing jointly with nonresident spouse.
(See the link below to get more detailed instructions on this.)
2. Married filing separately with nonresident spouse.
(See the link below to get more detailed instructions on this.)
3. Head of Household
Click here for a more detailed explanation as to how to file your taxes with a nonresident alien spouse.
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