What should be my filing status if i am an asylum seeker and my spouse lives in Egypt?

Yes, if you are considered a Resident for Tax Purposes, you and your wife can make the election to both be treated as US tax residences. 

This means you both would report all your worldwide income on your US 1040 return.

You would need to file Married Filing Jointly the year you make the election. 

 

HERE is more on making that election. 

 

TurboTax can help, but you will need to print the return and mail with the statement. You will also need to include Form W-7 if you (or your souse) does not have an ITIN (Individual Tax Identification Number). 

 

1. Prepare the return in the software
2. Select “Spouse is a nonresident alien or dual-status alien spouse” and then select to make the election
3. Use the ITIN for the nonresident if applicable. If no ITIN, use 999-88-9999 and erase after printing*
4. Enter worldwide income for both spouses*
5. Select “Foreign Taxes” under “Deductions and Credits” “Estimates and Other Taxes Paid”
6. Continue through the interview for the credit or deduction*
7. Select “File by Mail” and print the return
8. Both sign statement provided by TurboTax software
9. IF ITIN used, mail tax return and statement to address indicated on TurboTax instruction sheet
10. IF NO ITIN, white-out the bogus SS#, include W-7 Mail package to the address indicated on W-7 instructions (Austin, TX)

@Bkeroles1677 , based on your statement that you have passed the SPT  ( Substantial Presence Test ), generally you would  be Resident for Tax Purposes ( irrespective of your immigration status ).

Since your spouse  ( NRA )  is not present in the US,  you would need to file as MFS  (  HoH if you have qualifying dependent / relative  and for whom you maintain a household -- there are a few ands/ifs/buts on this though ).

(a) When did you enter the country ?

(b) Does your wife have income in  Egypt?

(c) Are you responsible for her support  in Egypt --- I have to refresh my memory on US-Egypt tax treaty  , but I don't think Egypt has a clause to recognize a dependent  ion Egypt of a US person.

 

I will circle back once I hear from you 

 

pk

@Bkeroles1677  while my questions are still valid, my conclusion  ( that you cannot file as MFJ ,  as  reflected  in answer by my colleague @KrisD15  ) is WRONG.

My assumptions were that to be able to file MFJ with an NRA one needed to be in the same tax home.  This is not reflected  in code -- generally  there is no such restriction i.e. the need for  Tax Home.   Neither is there any such requirement in the UJS-Egypt tax treaty .

 

I stand down.

 

pk

Thank you for your answer @pk . A. I entered the country in June, 2023. B. My wife does not have income anywhere. C. Yes i do support her.

Yes. I do agree with PK and that you may file MFJ.  Your spouse does not need to be in the same home as yourself.  The only restriction is that if your spouse is earning money overseas, you would need to report this on your return as worldwide income. 

 

 This includes earned income from a job and other income such as bank interest or other unearned income. 

 

@Bkeroles1677