Filing US Taxes with a Foreign Spouse - Are they a Non-Resident Alien?

Married to a non-US citizen? How to file your US tax return for you and your spouse from abroad.
At MyExpatTaxes we are the professionals when it comes to all things US Taxes from abroad. We've helped thousands of American Expats file taxes and get tax compliant.
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[@MyExpatTaxes]

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[@Kurt-rg8jq]

I'm filing Married filing jointly w/ my wife who is living abroad & not working as she is stay-at-home raising our son. I work/live in the US and sole income earner. The Married filing jointly standard deduction is double that if filed separately ($25,900 vs. $19,950) & is the difference between me paying taxes and me getting a tax refund. I've done my research & no one is mentioning/pointing out this fact. All CPAs are recommending to their clients to file Married but separately, but they need to mention only if your non-resident alien is earning income in their home country where the combined incomes would not be beneficial (after figuring out the calculations). I'm getting ready to prepare my wife's ITIN application (W-7 form) along w/ her passport & mail it to Austin (Texas) along w/ my Federal Tax return. I still need to research how the State Tax filing goes & do I just wait until after I get an ITIN from IRS.

[@magaluedrn1y]

Can you be the one process your wife ITIN? How you process it? Thru the irs center? Or hiring an agency?

[@magaluedrn1y]

Because same situation. My wife is in other country.

[@daysemaria2856]

Hello! My spouse made a ITIN for me and now I’m going through CR1 process. We also fill married jointly. Now I’m worried it will be a problem on my process. Can you tell me if your wife also issued a visa ?

[@Kurt-rg8jq]

@@magaluedrn1ylittle late but I finally got my ITIN for my wife in October and filed my married jointly taxes and got my tax return late November. I filed for my wife. I had filed out the IRS ITIN form and sign and I took her passport and mailed to Austin location. I had HR block do my taxes but I was the one who mailed it. HR block helped me. Federal taxes and ITIN form and passport get mailed to Austin Texas. I provided return envelope for them to return my wife’s passport in the mail. I got a separate ITIN letter. I copied the ITIN letter then filed my state taxes by mailing it in. Just got state tax return this past week.

[@Kurt-rg8jq]

@@daysemaria2856you are a head of me. I still need to go through that process but I’m thinking the ITIN and filing jointly is more beneficial to show marriage is much more legit. That’s what I’m hoping for our consular interview and visa approval process.

[@effiekritsili8688]

IRS withholds 25.5% federal taxes from SS retirement benefits from someone considered to be a foreign person (or nonresident alien). If a person who now resides abroad was granted the green card, has in the past worked lawfully in the U.S. , is of full retirement age, and now gets retirement benefit, isn't he a lawful permanent resident of the United States? Should an appeal be filed for the federal tax deductions? Can the money that was withheld for years be claimed back?

[@valeriecuan4189]

I have a dilemma as when I start SS and live in spain, I'm.supposed to pay 30% of 85% of it and they take it out beforehand! Then I can't live😮. I lived and worked for decades in USA and now need to move somewhere more affordable. I should be paying taxes in the country I live in and use their services. So wrong.

[@rickyruffle]

Let me get this straight, if I choose "filing jointly" that means my NRA doesn't need to file at all? Why did no one at the IRS tell me this? They made it sound like my spouse needed an ITIN either way. On my last return I filed jointly. Can I just switch to filing separately next time?

[@MyExpatTaxes]

I'm assuming you mean filing separately 🙂. But yes, if you file as MFS, your spouse doesn't need to file at al! If you file with us, you'll also be able to file your tax return electronically.

[@wildweasel3760]

My wife came to America and got a SS Card and a green card. In 2016 we both moved overseas in 2020 she returned her green card. Since 2017 I recive a 1099R for my retirement that is under 20K, and have been told I have to file a 1040NR and 1116 we have a US born son. Is that true or could I file separately without having to do a 1040NR? Thanks

[@MyExpatTaxes]

If you are a US citizen (or greencard holder), you would file 1040. Unless your spouse (who seems to have no more tax ties to the US) got the 1099-R or other US income in her name, there is no need for her to file. We can help you determine which form is needed when you file with MyExpatTaxes.com

[@wugwugthecow]

Thank GOD... reading about foreign acquisition of SSN/ITIN/etc was so scary and confusing, I'm just gonna file married filing separately to take the easy route lol

[@MyExpatTaxes]

That's right, Christina! When you have a non-US spouse... you always want to keep them out of the US tax system unless it is exceptionally beneficial to add them.😊

[@chibichakaravarthychinnaiy298]

Hi Mam, I am working in USA having employment visa. However my wife is living in India together with my 2 kids and she is not working in India, however all of them have the USA dependent visa. I am new to USA (just started my job).. in this case, how should I file my tax? Married filing jointly? Or single? Or Married filing separately? But she doesn’t have any income. Kindly advise

[@DanielMillerlife]

I am confussed, I married in the Philippines. My wife has never been to USA and never Plans to even visit USA. I filed my tax report as Married Filing Separate. Does she have to get a ITIN and file any tax reports annually ??? confused what forms and what to do.

[@MyExpatTaxes]

Hi there! If your wife is not a US citizen, you can file under Married Filing Separately to keep her out of the US tax system. When you file with MyExpatTaxes, our software will guide you through the process to keep things simple and understandable!

[@deltaforce01]

Excellent work

[@MyExpatTaxes]

Thank you!

[@user-no1zo1ns8m]

If my my husband is a non-resident alien and he has never been to the US, is he still eligible for an ITIN? I'm trying to file MFJ.

[@MyExpatTaxes]

Hi there, according to the IRS spouses of US citizens or lawful permanent resident, may apply for an ITIN.

[@Lifesituations8000]

How do you apply for an ITIN for a nonresident alien?

[@v1zexvenom691]

My wife has been living with me in the us since december 29. So over 90 days. Is she an nra or an ra?

[@MyExpatTaxes]

Hello! If you are not a U.S. citizen, you are generally classified as a nonresident for U.S. tax purposes. However, you can be considered a resident for tax purposes if you meet either the green card test or the substantial presence test for the calendar year, which runs from January 1 to December 31. Hope that helps! www.myexpattaxes.com/expat-tax-tips/paying-taxes/the-closer-connection-exception/

[@viralpatel3591]

Do you guys have NRA options available instead of SSN or Itin for e-fiile for non resident alien???

[@MyExpatTaxes]

Hey, yes we do have! 😉www.myexpattaxes.com/pricing/

[@51dbail]

If married to an alien living outside the US and now you have a step child under 18 can you file as head of household?

[@MyExpatTaxes]

Yes, you can file under this category if you are married to a non-US person under some circumstances. To give you a few, under HOH, you have to be paying more than half of the cost of keeping up a home and you have a qualifying dependent living with you for more than half a year. ☺

[@zwkzmzbt]

What if I can get more refund instead paying owed by married filling jointly?

[@MyExpatTaxes]

Everybody's tax situation is individual. It's why we made MyExpatTaxes. It helps you select the best tax filing status to get the highest return!

[@josephkehler3308]

If my wife is living in the Philippines and never worked, or never came to the United States do I still have to file under married filing separately?

[@MyExpatTaxes]

Hi Joseph - the only way to keep your wife off of your US Tax Return is to file separately.

[@LorenJPH-gr5kr]

​@@MyExpatTaxesThis hasn't changed, correct?

[@MyExpatTaxes]

Correct! @@LorenJPH-gr5kr

[@huydang5807]

I would like to fill jointly. How can I do that?

[@MyExpatTaxes]

You can report your combined income and deduct your combined allowable expenses on one return if you are married and choose to file under Married filing Jointly. Hope that helps! www.myexpattaxes.com/expat-tax-tips/married-filing-jointly/married-filing-jointly-or-separately-as-an-american-abroad/

[@Karlostorres1994]

Great comedy clip

[@magaluedrn1y]

Im confused on processing ITIN. My wife is in philippines. Shes not resident of us

[@MyExpatTaxes]

Since your wife is not a U.S. resident and does not have an SSN, she may need to apply for an ITIN if she has U.S. tax filing obligations, such as if she earns income from a U.S. source or has U.S. tax withholding. To apply for an ITIN, your wife will need to complete IRS Form W-7, Application for IRS Individual Taxpayer Identification Number, and attach a valid federal income tax return, along with the required documentation to verify her identity and foreign status. The required documentation includes original or certified copies of a valid passport, or a combination of other identifying documents, such as a national identification card, birth certificate, or driver's license. These documents must be sent to the IRS with the W-7 form. It's important to note that the processing time for an ITIN application can take several weeks or even months, especially during peak tax season. Therefore, it's essential to apply well in advance of the tax filing deadline to avoid any delays or penalties.

[@magaluedrn1y]

@@MyExpatTaxes I am the only one currently staying here in the US. My wife is in the Philippines. Can I be the one who will process my wife's ITIN? Without the presence of my wife.

[@MyExpatTaxes]

@@magaluedrn1y Yes, it is possible for you to process your wife's ITIN application without her being present, but you will need to ensure that you have all the necessary documents and information required to complete the application accurately.

[@KatherineKramer-cq6fo]

Thank you so much for taking the time to respond. Extremely helpful!!!!

[@KatherineKramer-cq6fo]

@@MyExpatTaxes .

[@murielleabs1664]

Hello, i want to file my taxes as “married but filing separately” ONLINE as my husband is outside US and doesn’t have SSN. Any help on apps?

[@MyExpatTaxes]

Hi! MyExpatTaxes is built for those in exactly your kind of situation - go to www.MyExpatTaxes.com to get started!