Non resident alien

[hal5166]

I am  US citizen married to a non resident alien not living in US. I want to apply for an ITIN for my wife sonothing when I send W7 along with tax return what filing status do I use. I contribute to more than half of her support.

[pk · Accepted solution]

@hal5166 , 

(a) which country  is your wife from ?    Is that where she is now ?  Does she have any income / wages  in that country ?

(b)  Are you  in that country or in the US now ?

(c) when did you get married ?

( d) How did you file your return last year ?

I will circle back once I hear from you 

[hal5166]

Mexico

Yes

Approx 6000 US conversion

I am in Mexico

Married Approx 2.5 years

Married filing separately listing her as NRA NON RESIDENT ALIEN

[pk]

@hal5166 , given your circumstances  , 

 (a) you can file as MFJ  ( Married Filing  Joint ).  All you have to do:

               1.  file  a Form W-7 requesting  an ITIN IN for your spouse.  To keep TurboTax happy, you have to prepare the return  using a dummy SSN -- MFJ ;  choose to file by mail; Print Sign Date -- both;    Replace  dummy SSN with "  N  R  A  " ;   Fill out the form W-7 and attach all  required documents (  copies can be certified  at  US consulate / IRS etc. )  Then mail the whole thing to the IRS.

                 2.   Then attach a statement signed by both you and your spouse, stating that she  wants to be treated as a resident. -- sign  and date -- bot.

                  3.   Since you are both working and earning in Mexico, both your  foreign  incomes  can be excluded from US taxes by using  Foreign Earned Income Exclusion -- pay taxes ONLY to Mexico.   However, you have to decide  whether  the  SECA taxes  ( 15.3% of net income, equivalent to FICA for wage earners in the US ) should be paid to which country -- pay to ONE -- US or MX.

If you need more help feel  welcome to  add to this thread or PM

Is there more I can do for you ?

[hal5166]

I am retired as of 03/24 and paid my taxes to US and no longer earning collecting Social Security.

We have filed for residency for her awaiting approval

She is paying taxes monthly in Mexico.

Anything else?

• Thanks for all of your help

[pk]

@hal5166 , based on your answers, I think  and in general my answer earlier is still valid  i.e.  file MFJ, claim her as a resident for tax purposes with ITIN, exclude her income from US taxes using  FEIE ( Foreign Earned Income Exclusion ).  Advantage of this would be  your  MFJ  standard deduction ( if needed to lower your  US tax  liability ).

BTW -- where in Mexico  are you located  ( Ajijic, Chapala, San Miguel   OR   ?  )  ?   My  wife  was/is from  Acatic  ( 40 miles from Guadalajara ) and  I plan to spend more time there  ( as she is buried  there  ).

Is there more I can do for you ?

[hal5166]

We live in Rosarito Baja California.

At the moment thanks you have been great!

• Sorry for your loss.

[pk]

@hal5166  thank you sir!

Please consider  adding to this thread or PM, if  I can help you more.

pk