file now as single then amend to file MFJ after wife gets ITIN/SSN or file as single for extension and then file return as MFJ when my wife gets ITIN/SSN?

[doctorSK]

complicated tax situation.

I am nonresident alien working on valid work visa in US. I got married in november 2021. My wife has never been in US and does not have ITIN or SSN. I would prefer to file jointly as it makes me eligible for a big refund both from federal and state. Wife will physically enter US first time in may. I have done my research and left with 2 options.

1. File as single now (i will have to pay additional tax due) .  later when wife is here in May i can file amended tax return as MFJ status by mail, along with Form W-7 of wife, and include a written statement signed by both of us, declaring that she was a nonresident alien and i am a U.S. citizen/resident alien for the purpose of tax filing (since i spent >90% of my days here in US in year 2021) , and that she chooses to be treated as U.S. resident for the entire tax year. Hopefully if this works i will be eligible to get refund and may be even the money i have to pay now as single filing status.

2. File for an extension and pay due taxes now and later when wife comes here in may i can file my taxes as MFJ and hopefully get back the money i paid at the time of extension and due refund. follow up question on this is A. do i file for extension electronically as single.  B. filing for extension with mail as MFJ and write ITIN pending in the box of spouse SSN/ITIN.

Sorry for long post. hope i explained my situation correctly. let me know if there is any better option. Thank you.

[LeonardS]

If you are married by IRS standards, you can only choose "married filing jointly" or "married filing separately" so option 1 is not available for you to use.  Your only options to file are jointly or separately you can not file as single.

If you know that you will not owe any tax and will get a refund if you file as married filing jointly then you do not have to make a payment with your request for an extension. When you file your extension just leave the box for your spouse's social security blank

[doctorSK]

Thank you for replying. using turbotax MFJ option after completing required information i am seeing that i will get a refund. 

It appears i can not file for extension using TurboTax if MFJ option is selected as i can not proceed without providing wife's social security number. Is there a way around this or i am left with only option of filing extension in mail?

and is there a way to calculate "Estimated 2021 federal total tax liability (form 1040, line 24)"?

[ErnieS0]

You can file your extension (only) as single to e=file and then change your status later.

You can find your total tax liability in your Tax Summary.

1. Tap Tax Tools in the left column
2. Then Tools
3. Select View Tax Summary in the center box
4. Use Total Tax
5. Tap Back in the left column to return to the interview mode

[doctorSK]

thanks for comment. 

After i e-file extension for myself, what to do about my wife's tax. does she have to apply for extension too? in that case we run into the same problem of not having SSN/ITIN. is it better to paper file extension for both of us as that way i can leave ITIN of my wife as 'to be applied'.

Sorry for repeat question. getting mixed opinions on this from others so getting clarification. Thank you again.

[xmasbaby0]

If you are a non-resident alien:

NON RESIDENT ALIEN  

If you are a non-resident alien, your return must be filed on Form 1040NR, which cannot be prepared using TurboTax.  You can use TT’s partner, sprintax:

https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html