My spouse is applying the Green card and has not come to US yet, should I claim as "married" when file the tax return? If yesWhat to do about the SSN for my spouse then.

[DaveF1006]

It depends.  To clarify, are you a resident alien for tax purposes?

[Anonymous]

I am currently a green card holder and have filed as resident using TurboTax online for years.

My spouse is applying for the green card by my sponsor, so I am thinking about if I should file jointly as married this year (we just got married in 2022). I was trying to but got stuck at SSN for my spouse. So would like to know if there is any solution.

Thanks!

[DaveF1006 · Accepted solution]

Yes, I have a solution and here is a choice you will make. Note there is a link in step 2 that will allow your spouse to apply for an ITIN, This will allow you to file your return until he is able to apply for a social security number. Once your spouse has been admitted into the united States based on their immigrant visa, he/she will be a U.S. permanent resident. 

Each permanent resident will need a SSN but you may wish to contact the Social Security Administration to find out the exact procedure for applying for a SSN. Ask the administration if  he/she can apply overseas or do they need to wait until they arrive to the United States.

For now, 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.