What is my filing status if my spouse is not a US citizen?

The default filing status for a U.S. citizen married to a nonresident alien spouse is Married Filing Separately (MFS). While the MFS filing status does not pose any additional hurdles for getting your return easily filed, it does come at a cost.

Can I file married filing jointly if my spouse is a non resident alien?

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns.

Can you file jointly if your spouse lives in another country?

You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years). Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.

What if my spouse doesn’t have a Social Security number?

If your spouse is not eligible for a Social Security number, he or she will need to apply for an Individual Taxpayer Identification Number (ITIN) from the IRS. If your spouse is a nonresident alien, you can treat your spouse as a resident alien for tax purposes.

Does the IRS recognize foreign marriage?

A foreign marriage is recognized for federal tax purposes if it is recognized in the country the marriage occurred, and also recognized by any state, territory, or possession of the United States.

How do I file if my spouse is a nonresident alien?

Unfortunately, you can’t file single if married to a nonresident alien (NRA). Once you tie the knot, you must either go with Married Filing Separately or Married Filing Jointly.

How do I file taxes if my spouse is undocumented?

To file a joint return, you must attach a statement to your tax return explaining your decision. Your nonresident spouse must have an individual taxpayer identification number. If your spouse does not have an ITIN, complete Form W-7 and attach it to your tax return.

Does IRS recognize foreign marriage?

How do I file taxes for a foreign wife?

Your spouse, will be considered a nonresident alien. You have two choices in filing your taxes. Treat your spouse as a resident alien for tax purposes. If you do this, you will need to include your spouse’s worldwide income in your US tax return and it will be subject to US taxes.

Can I file single if my wife doesn’t have a Social Security number?

It is also helpful to point out that you cannot file a tax return as Single, and ignore your spouse, regardless of residency status. If your spouse has a valid ITIN or SSN, then the tax return would be eligible for e-filing.

How do I file taxes if I am married to a non resident alien?

If your spouse doesn’t file as a resident, you can file as Married Filing Separately. This is the default filing status for a U.S. citizen married to a nonresident alien. Or, if you are married to a nonresident alien, you might be able to use the Head of Household filing status.

How do I file my taxes if I am married to an illegal immigrant?

How do I file taxes if my spouse is a resident alien?

Tax law states because you are married, you must file your taxes using either the Married Filing Jointly status or Married Filing Separately status. Your spouse, will be considered a nonresident alien. There are two options for filing your taxes. Treat your spouse as a resident alien for tax purposes.

Do I have to include my spouse’s non-US income on taxes?

You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately. If you file as Married Filing Separately AND your spouse has no income from sources within the US AND is not claimed as a dependent of another US taxpayer, you CAN claim an exemption for your spouse.

Can a nonresident spouse file a Married Filing Jointly?

Just remember, this status also requires your dependent to have a valid social security number or ITIN. The final option is to make an election to treat your nonresident spouse as a U.S. resident for tax purposes. Making this election allows you and your spouse to file a Married Filing Jointly (MFJ) tax return.

Can I claim my foreign spouse who is abroad as dependent?

No, but you can file a Joint return by following the procedure outlined here: May 31, 2019 4:45 PM Can I claim my spouse who is abroad as dependent and file tax jointly? Thanks SweetieJean for the quick response. Does it mean my foreign spouse should apply for ITIN? And once we have the ITIN, can I file with the status ‘Married Filing Joint’?