Can a social security number be "invalid" ?

[agvaf]

I am a resident alien. I married in 2019 with a non-resident. She has a social security number from 2018 that she got when she was an intern for 3 months in US. Now, she is back to our home country. Can I use her social security number on our taxes? Or her social security number is somehow invalid?

Thanks

[KurtL1 · Accepted solution]

Once a Social Security Number is issued it does not become invalid.

The problem you have is that you cannot file a Form 1040 through TurboTax if she is a nonresident alien. To be able to file 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. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

This statement is saying you are electing to treat your nonresident spouse as a resident alien for tax purpose. You will then be allowed to file a Form 1040 instead of a Nonresident 1040-NR.

[agvaf]

Thank you.

In my case, I just have one spouse. I am a resident alien and I will be filing a married joint return with her as a nonresident alien.