Filing Status In Federal Vs State Taxes

[A&J22 30]

Hello,

 

I decided to paper file as Married Filing Separately for Federal since my spouse doesn't have a SSN or an ITIN, for some reason the state that I live in (Delaware) requires Taxpayer ID or SSN for both spouses for filing as Separate, would it be okay to file as Married filing Separately for federal and as Single for Delaware, I don't qualify for filing as Head of Household and filing as Single doesn't seem right to me, so i'm kinda in a limbo about this state status. Any insights would be appreciated.

[OldUser 6,708]

Why doesn't your wife have ITIN or SSN?

Has she tried obtaining it?

What is her immigration status?

 

If she's seeking immigration benefit, USCIS may not like you filing Single when you're married.

[A&J22 30]

5 minutes ago, OldUser said:

Why doesn't your wife have ITIN or SSN?

Has she tried obtaining it?

What is her immigration status?

 

If she's seeking immigration benefit, USCIS may not like you filing Single when you're married.

We applied for I-130 through consular processing because she's outside the US so she doesn't have a SSN, obtaining an ITIN isn't feasible. I'm still planning to file as Married filing separately for Federal but i'm not sure if it's an issue if i have to file as single for state taxes.

[SteveInBostonI130 3,459]

You should be able to fill in "NRA" for your wife's SSN on the state income tax form.

[A&J22 30]

33 minutes ago, SteveInBostonI130 said:

You should be able to fill in "NRA" for your wife's SSN on the state income tax form.

That's what i'm thinking to do and see what the state says.