Hi,
I am an alien in the process of requesting "Permanent Residence" since March 2020. (and of requesting a work and a travel permit as well).
I have lived for the entire 2020 year in the US.
I got married in Feb 2020 with a US citizen.
My visa has expired in Feb 2020, but I am allowed to stay in the US during the process (even more, I can't leave the US during the process).
I have no income for the 2020 year (I am not allowed to work during the process.).
My wife and I aim to have a separate 2020 tax return.
Can we fill separately? Do I have to fill, as far as I have no income?
My wife can declare as married, filled separetely => but she is asked to fill my SSN/ITIN. I have no SSN and no ITIN.
Can I asked for an ITIN? If I have no income to declare?
Thnak you for your answers,
S.
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See the following answer to a similar questions, although it is addressed to the citizen, which in your case would be your wife. You would be the "spouse".
Since you were married on December 31 you have to file as MFJ or MFS. As a US Citizen or a Resident Alien, you have two choices in filing your taxes. Keep in mind, you almost always pay less tax if you file jointly, as opposed to separately.
Option 1
Treat your spouse as resident alien for tax purposes. If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes. To do this follow these steps.
Option 2
Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.
https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident
If everyone on the tax return has a social security number or ITIN, you should mail your return to the address listed in the 1040 instructions. Tax returns with a Form W-7 should be mailed to the Austin TX address.
See the following answer to a similar questions, although it is addressed to the citizen, which in your case would be your wife. You would be the "spouse".
Since you were married on December 31 you have to file as MFJ or MFS. As a US Citizen or a Resident Alien, you have two choices in filing your taxes. Keep in mind, you almost always pay less tax if you file jointly, as opposed to separately.
Option 1
Treat your spouse as resident alien for tax purposes. If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes. To do this follow these steps.
Option 2
Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.
https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident
If everyone on the tax return has a social security number or ITIN, you should mail your return to the address listed in the 1040 instructions. Tax returns with a Form W-7 should be mailed to the Austin TX address.
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