Married filing separately with a non resident alien

[StephA]

I got married in 2021 to a non resident alien and we’ve been living abroad since then, and my husband never got a SSN or ITIN. In 2021 and 2022 tax  years I filed as married filing separately, and reported my spouse’s name, but did not put any SSN or ITIN. Are we compliant with IRS requirements? At what stage does my spouse need to get an ITIN?

[Anonymous]

Thank you so much for your question my friend and congratulations on your marriage.

It will really help you if you get a ITIN for your husband if he does not have a permanent visa, so you can file married filing jointly.  It will give you a higher benefit on your taxes because the standard deduction is higher as Married Filing Jointly.   If he has a permanent visa it is recommended to get his social security card not ITIN.

To get ITIN, you need to fill form W7 when you file your tax return. 

Form W7 - https://www.irs.gov/pub/irs-pdf/fw7.pdf

Instructions on Form W7 - https://www.irs.gov/pub/irs-pdf/iw7.pdf

To get a social security card go to https://www.ssa.gov/

I hope this answer your questions.

Thank you so much

Martha