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danilleeloo
New Member

My husband is here on a K-1 visa that expired, i have no way to get him a SSN at all before taxes are due. he has lived with me and I pay all his expenses since July 2017

 
1 Reply
KarenJ
Intuit Alumni

My husband is here on a K-1 visa that expired, i have no way to get him a SSN at all before taxes are due. he has lived with me and I pay all his expenses since July 2017

Assuming you have no dependents, the easiest answer is to file married filing separately.  However, it is possible to file married filing jointly.  Please see the following response by TurboTax Fern, a colleague:

Tax law states because you are married, you must file your taxes using either the Married Filing Jointly status or Married Filing Separately status.  Your spouse will be considered a nonresident alien.

You have two choices in filing your taxes.
Choice 1
• Treat your spouse as a 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.
   1. Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.
   2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.  You will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf).  This form will be attached to your tax return.  Turbo Tax does not support the Form W-7.  You can complete it outside of Turbo Tax.  You will have to print, sign and mail your return in if you are using Form W-7.
   3. For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.

Choice 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.
   1.  If you file as Married Filing Separately AND your spouse has no income from sources within the US AND is not claimed as a dependent of another US taxpayer, you CAN claim an exemption for your husband. You will need either a social security number or an ITIN for your husband to claim the exemption.

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