Hello, I am married and I'm on H1 visa and my wife is on H4. She does not have SSN and neither have ITIN and she stayed in US for 5 months last year (2024). My questions are do i need to file jointly? Does she need ITIN? How to file taxes jointly if she needs ITIN?
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You are not required to file your tax return jointly with your spouse. You may elect to do so, if you wish, and you would need to mail your return along with an application for an ITIN (assuming that she is not eligible for a Social Security number) to file jointly.
If you elect to file jointly, you would be required to list all of your wife's income for the year, including any income not earned in the US and attach a signed election to your tax return choosing to treat her as a resident alien for tax purposes. (TurboTax will generate this statement for you to sign once you indicate this is your choice.)
If you prefer to file separately. list your spouse's name and leave the Social Security number blank for her. Indicate when asked that she is a nonresident alien but do not check the box indicating that you want to treat her as a resident for tax purposes.
Ignore the errors you will get about the missing Social Security number, and you should be able to file MFS electronically.
If she does not have income to report, you will likely get a better tax result filing jointly (though whether or not it increases any refund due will depend on the data in your tax return.)
For more information see How should I file my taxes if my spouse is a Nonresident alien
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