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Yonko174
New Member

Married Joint with Foreign Spouse (No SSN)

Hello Tax guru,

I'm a US Citizen. My wife is a foreign alien. We married in 2022 oversea and she hasn't come to the US once. I reside and work in the US. Her immigration process is going well and she's expected to come to US in mid 2023. I read some online article: IRS and Turbo Tax saying that I am allowed to file as married file joint for tax year 2022. However, I'm thinking of filing for extension until my wife comes to the US. Once she receive her SSN then I'll put her SSN onto Turbox and E-File 2022 tax return. Please advise.

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1 Reply
ErnieS0
Expert Alumni

Married Joint with Foreign Spouse (No SSN)

You can file a joint tax return if you are a U.S. citizen and are married to a nonresident spouse. And you can use TurboTax and file a regular Form 1040. Your wife will be treated as a resident alien, meaning all your joint worldwide income is taxable to the U.S.

 

Your spouse can claim the foreign earned income exclusion.

Foreign Earned Income Exclusion

 

If you file an extension, the IRS will charge interest on any unpaid tax unless you make an extension payment so you should figure your tax with your wife’s income before filing an extension, so simply pay the interest.

 

If you make this choice to include your wife, the following rules apply:

 

  • You and your spouse are treated, for federal income tax purposes, as U.S residents for all tax years that the choice is in effect. However, for Social Security and Medicare tax withholding purposes, the nonresident alien may still be treated as a nonresident alien. Refer to Aliens Employed in the U.S. – Social Security Taxes.
  • You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
  • Each spouse must report his or her entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.
  • Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect. However, the exception to the saving clause of a tax treaty might allow a tax treaty benefit on certain specified income.

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