How to file taxes in a marriage between USC and nonresident alien?

[Ivy. 113]

I figured people on this forum were in this situation before so I hope I will find my answers here.

My husband and I got married in July this year. He is a USC living in Texas. I am a nonresident alien and will stay that for another 2 years. I understand that for tax purposes, my husband counts as married for the whole 2012. However, I do not know how he should file taxes now?

As married filing separately and then I do not file?

As married filing jointly and I declare myself a US resident for tax purposes?

I do not pay taxes in my home country. I am a full time student and my main source of income is my scholarship, which is cca $5000 per year. I might make another 1-2 thousand on part time jobs. How would I go around to reporting and documenting this for US taxes?

Thanks in advance for any tips and advice I may receive.

[unlockingsky 94]

the non-resident alien would need to have a ssn. otherwise you can't.

[Ivy. 113]

While opening an account in Bank of America, the clerk mention I can simply apply and receive individual taxpayer identification number. I somehow presumed that will be given to me even though I do not have a SSN and that this is what should be used in this case?

[ibee 7]

While opening an account in Bank of America, the clerk mention I can simply apply and receive individual taxpayer identification number. I somehow presumed that will be given to me even though I do not have a SSN and that this is what should be used in this case?

I don't know about the tax laws regarding a spouse living overseas, but I do know that taxes can be filed with a tax payer identification number (ITIN). That, actually is the purpose of ITIN... to be used for taxes

Hope that helps.

Maybe this will be helpful : http://www.ehow.com/...ign-spouse.html

AH totally random fact: One cannot build credit history on a ITIN (generally) through the credit agencies, but Bank of America keeps it's own credit history of it's customers. I had a ITIN and was a customer with BoA for 8 years and just recently obtained SSN. BoA transferred the credit history they had kept of me for the last 8 years to the credit agencies when I gave them my SSN.

Very happy about that

Edited August 27, 2012 by ibee

[X Factor 1,112]

If you are not living in the US with your spouse and you don't have a social security number then you must apply for an ITIN number so that he can file taxes and claim you. It is probably to both your advantage to file married filing jointly.

Here is what the IRS website says in part

http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html#itin

ITIN

An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).

To obtain an ITIN, you must complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number (PDF) . The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual. You may either mail the documentation, along with the Form W-7, to the address shown in the Form W-7 Instructions, present it at IRS walk-in offices, or process your application through an Acceptance Agent authorized by the IRS. Form W-7(SP), Solicitud de Número de Identificación Personal del Contribuyente del Servicio de Impuestos Internos (PDF) is available for use by Spanish speakers.

Acceptance Agents are entities (colleges, financial institutions, accounting firms, etc.) who are authorized by the IRS to assist applicants in obtaining ITINs. They review the applicant's documentation and forward the completed Form W-7 to IRS for processing.

NOTE: You cannot claim the earned income credit using an ITIN.