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Hi Vgubin,
If you are a US citizen or resident alien and you are considered married as of the end of the calendar year, you will only be able to file as either married filing separately or jointly.
Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes
If you do not want to include her/him on your income tax return, you can file as married filing separately and you would NOT taking an exemption for your spouse.
If you want to include her/him on your jointly filed tax return, you will either need to:
If file an extension Form 4868:
You may want to file an extension (Form 4868) until his SSN is issued. You will need to mail in your extension (Form 4868) (You will not be able to efile your extension.)
Since you are currently applying for an SSN, write “SSN TO BE REQUESTED” on the extension form where his Social Security Number is required.
Here is a link to IRS for Form 4868, it includes the mailing address for filing your 4868.
Applying for an ITIN:
If you want to include your spouse on your tax return and he doesn't have an SSN or ITIN, you will need to apply for an ITIN, you would use Form W-7 and would need to attached your tax return to this form (see below). Please note, you will not qualify for the Earned Income Credit (EIC) without a valid Social Security number (not an ITIN) for yourself, your spouse (if filing jointly), and any qualifying children.
Please click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes.
Also note that if your spouse is a nonresident alien (NRA), you will need to attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:
Here are some additional steps for filing married filing jointly if spouse needs an ITIN.
Hope this helps,
LD
This is mostly true, but the Head of Household filing status is also an option for those married to a nonresident alien. Even if the married couple lives together. https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-head-...
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