Filing taxes with non-US person Spouse with a pending I-130

[Equardo 2]

I got married in Dec. 2023. My wife is currently visiting me since early July this year on a visit visa and I filed for her I-130 3 weeks ago in F2A category (I am an LPR). She had no presence in the US all throughout 2023 and 2022 so my best guess is she does not meet the physical presence test that would have made her required to file taxes on her worldwide income?

 

I had filed for extension for 2023 Taxes and as I am now preparing the returns, I wanted to ask whether I should file under married but filing separately? and what do I do about the SS# or ITN # for her. I believe she can't get/qualify to get an ITN either. And if I am filing as married but filing separately, does my wife still need to file her returns too albeit with zero income?

 

Thanks

[powerpuff 6,438]

Do MFS and in the SS/ITIN field write NRA (non resident alien). Note that this is only possible with a paper filing. 

[Equardo 2]

7 minutes ago, powerpuff said:

Do MFS and in the SS/ITIN field write NRA (non resident alien). Note that this is only possible with a paper filing. 

 

Would you guess if she is required to file hers separately?

[powerpuff 6,438]

Just now, Equardo said:

 

Would you guess if she is required to file hers separately?

No, that’s not necessary.

[Equardo 2]

1 minute ago, powerpuff said:

No, that’s not necessary.

 

Thanks a lot for your inputs.

[JeanneAdil 6,398]

Why wouldn't u file MFJ and get double the standard deduction

just have her sign the W7 form ,  fill it out and mail with your return for the ITIN

 

 

 $13,850 for single filers and those married filing separately, $27,700 for those married filing jointly, 

[Crazy Cat 41,010]

3 hours ago, Equardo said:

 

Would you guess if she is required to file hers separately?

She isn't required to file a US tax return.

[TexasRafael 121]

hie I did send an application to the IRS to obtain an ITIN for my spouse, the process took for ever, so I just filed my taxes married filing joint and just entered all 9's in the field to enter my spouse social security number.  I filed my taxes like that for 2021 and 2022 and the IRS processed them and I was actually able to get transcripts when I needed them to file the affidavit of support.  Once the ITIN was received in late 2022, I filed amended returns with the ITIN and then once he came to the US and got his social security number, I once again filed amended returns to include his social.  

[Equardo 2]

16 minutes ago, TexasRafael said:

hie I did send an application to the IRS to obtain an ITIN for my spouse, the process took for ever, so I just filed my taxes married filing joint and just entered all 9's in the field to enter my spouse social security number.  I filed my taxes like that for 2021 and 2022 and the IRS processed them and I was actually able to get transcripts when I needed them to file the affidavit of support.  Once the ITIN was received in late 2022, I filed amended returns with the ITIN and then once he came to the US and got his social security number, I once again filed amended returns to include his social.  

 

Thank you for sharing your experience, this might come handy next year when I'd be filing for 2023 returns. One thing - is it required to file amended tax returns once you obtained the ITN for your husband and then again with his SSN? or you did it out of abundance of caution?

 

And also, did you file online or paper when you used all 9s?

Edited July 24 by Equardo
Added another question

[TexasRafael 121]

I honestly do not know if I had to file when I received the ITIN, certainly a must once he received the social, I guess I did it just to be safe than sorry and cover all basis.  I filed paper returns as the software that I was using would not let me do electronic with the all 9 social security.  I had not problems either year with the paper returns, obviously my refund took a bit longer but it was processed as filed.  

[Equardo 2]

58 minutes ago, TexasRafael said:

I honestly do not know if I had to file when I received the ITIN, certainly a must once he received the social, I guess I did it just to be safe than sorry and cover all basis.  I filed paper returns as the software that I was using would not let me do electronic with the all 9 social security.  I had not problems either year with the paper returns, obviously my refund took a bit longer but it was processed as filed.  

 

Great, thanks again!

[JKLSemicolon 388]

I wouldn’t recommend doing something like entering all 9s for the SSN unless you can find instructions saying to do that.

 

If you want to e-file MFS with a non-resident alien spouse with no SSN, TaxAct used to allow that but I haven’t checked in a few years.

 

There are potential tax savings to be had by filing jointly if you apply for an ITIN. There are lots of threads here on that topic but the IRS instructions for Form W-7 are probably the best place to start.

[Equardo 2]

5 hours ago, JKLSemicolon said:

I wouldn’t recommend doing something like entering all 9s for the SSN unless you can find instructions saying to do that.

 

If you want to e-file MFS with a non-resident alien spouse with no SSN, TaxAct used to allow that but I haven’t checked in a few years.

 

There are potential tax savings to be had by filing jointly if you apply for an ITIN. There are lots of threads here on that topic but the IRS instructions for Form W-7 are probably the best place to start.

 

For tax year 2023, I did not have any US based income and I will be filing the return only to report my overseas income. But yes for 2024, I believe filing jointly would be beneficial as I am back in the US now working FT here.

[TexasRafael 121]

23 hours ago, JKLSemicolon said:

I wouldn’t recommend doing something like entering all 9s for the SSN unless you can find instructions saying to do that.

 

If you want to e-file MFS with a non-resident alien spouse with no SSN, TaxAct used to allow that but I haven’t checked in a few years.

 

There are potential tax savings to be had by filing jointly if you apply for an ITIN. There are lots of threads here on that topic but the IRS instructions for Form W-7 are probably the best place to start.

Well I did it two years in a row, 2021 and 2022 and my taxes were processed. my refunds issues and my transcripts loaded into the IRS website and those were the ones I sent with my affidavit of support, showing all 9's for my husbands social security number.    That was my experience as my husbands ITIN took 20 months to get issued and I was not going to file married filing separate and pay higher taxes than I had to.

[JKLSemicolon 388]

30 minutes ago, TexasRafael said:

Well I did it two years in a row, 2021 and 2022 and my taxes were processed. my refunds issues and my transcripts loaded into the IRS website and those were the ones I sent with my affidavit of support, showing all 9's for my husbands social security number.    That was my experience as my husbands ITIN took 20 months to get issued and I was not going to file married filing separate and pay higher taxes than I had to.

That’s great that things worked out for you, but you can also understand that since this goes against the instructions provided by the IRS and various software packages, I am not going to give that advice in this forum.

 

@Equardo it looks like some of the big companies are finally catching up to e-filing with a non-resident alien spouse, see this from Turbotax: https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/file-taxes-spouse-nonresident-alien/L4AuRKrMd_US_en_US