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I was married on December 14th, and do not yet have any active financial partnerships with my partner. If my partner has no resident status and no income what do I do?

 
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2 Replies
pk
Level 15
Level 15

I was married on December 14th, and do not yet have any active financial partnerships with my partner. If my partner has no resident status and no income what do I do?

@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).

LindaS5247
Employee Tax Expert

I was married on December 14th, and do not yet have any active financial partnerships with my partner. If my partner has no resident status and no income what do I do?

If your spouse is a nonresident alien, there are several ways that you can file.

 

1. Married filing jointly with nonresident spouse.

  •  Under this option, you will have to notify the IRS that you are both electing to be treated as US Residents for tax purposes. 
  •  You will have to file by mail to do this.
  • If your spouse does not have a TIN or Social Security Number you will have to apply for one when you mail in your tax return.
  • You can ignore messages in TurboTax regarding spouse's missing social security number.

(See the link below to get more detailed instructions on this.)
 

2. Married filing separately with nonresident spouse.

  • Attempt to e-file the return with the Social Security Number field blank, using the instructions in the article linked below.
  • Print your entire tax return, and write “NRA” where the spouse's social security number or ITIN should be.
  • Mail it to the appropriate IRS office.
  • Print your entire tax return and apply for an Individual Tax Identification Number (ITIN) for your spouse.
  • Attach Form W-7 and all required documentation to your paper return. 
  • Take the package to a Certified Acceptance Agent, an IRS Taxpayer Assistance Center, or mail to the IRS office listed in the W-7 instructions.

(See the link below to get more detailed instructions on this.)

3. Head of Household

  • If you are Married and filing with a nonresident alien you may also file as head of household
  • Filing as head of household may give you benefits such as a larger refund.
  •  However, you must have another qualifying person to be eligible to file this way. Your spouse doesn’t count. Go here to learn if you’re eligible.


Click here for a more detailed explanation as to how to file your taxes with a nonresident alien spouse.

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