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February 16, 2025
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I was married on December 14th, and do not yet have any active financial partnerships with my partner. If my partner has no resident status and no income what do I do?

  • February 16, 2025
  • 2 replies
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    Best answer by LindaS5247

    If your spouse is a nonresident alien, there are several ways that you can file.

     

    1. Married filing jointly with nonresident spouse.

    •  Under this option, you will have to notify the IRS that you are both electing to be treated as US Residents for tax purposes. 
    •  You will have to file by mail to do this.
    • If your spouse does not have a TIN or Social Security Number you will have to apply for one when you mail in your tax return.
    • You can ignore messages in TurboTax regarding spouse's missing social security number.

    (See the link below to get more detailed instructions on this.)
     

    2. Married filing separately with nonresident spouse.

    • Attempt to e-file the return with the Social Security Number field blank, using the instructions in the article linked below.
    • Print your entire tax return, and write “NRA” where the spouse's social security number or ITIN should be.
    • Mail it to the appropriate IRS office.
    • Print your entire tax return and apply for an Individual Tax Identification Number (ITIN) for your spouse.
    • Attach Form W-7 and all required documentation to your paper return. 
    • Take the package to a Certified Acceptance Agent, an IRS Taxpayer Assistance Center, or mail to the IRS office listed in the W-7 instructions.

    (See the link below to get more detailed instructions on this.)

    3. Head of Household

    • If you are Married and filing with a nonresident alien you may also file as head of household
    • Filing as head of household may give you benefits such as a larger refund.
    •  However, you must have another qualifying person to be eligible to file this way. Your spouse doesn’t count. Go here to learn if you’re eligible.


    Click here for a more detailed explanation as to how to file your taxes with a nonresident alien spouse.

    2 replies

    Employee
    February 17, 2025

    @robertyler22  I need to understand the situation a bit better.

    What do you  mean by "has no resident status"  ?  Are  you implying that the individual is  undocumented alien OR are you talking about state residency ( i.e.  the person is not a resident of that state )  ?

    Are you a US person ( citizen/GreenCard? Resident for Tax purposes ) or NRA ?

    Should one assume that your marriage   was performed  in the USA and that you both live here in the USA. ?

    Is your marriage recognized under the laws of the state where you live  ( if the marriage was officiated in a different state )?

    What are you trying to do/achieve ?  I ask because  from your post, only you have income.

     

    Please answer my questions and I will circle back when I hear from you.  Note that  if you are uncomfortable  answering all the Qs in this public forum, you can always PM me   ( just NO PII  -- Personally Identifiable Information).

    LindaS5247
    February 17, 2025

    If your spouse is a nonresident alien, there are several ways that you can file.

     

    1. Married filing jointly with nonresident spouse.

    •  Under this option, you will have to notify the IRS that you are both electing to be treated as US Residents for tax purposes. 
    •  You will have to file by mail to do this.
    • If your spouse does not have a TIN or Social Security Number you will have to apply for one when you mail in your tax return.
    • You can ignore messages in TurboTax regarding spouse's missing social security number.

    (See the link below to get more detailed instructions on this.)
     

    2. Married filing separately with nonresident spouse.

    • Attempt to e-file the return with the Social Security Number field blank, using the instructions in the article linked below.
    • Print your entire tax return, and write “NRA” where the spouse's social security number or ITIN should be.
    • Mail it to the appropriate IRS office.
    • Print your entire tax return and apply for an Individual Tax Identification Number (ITIN) for your spouse.
    • Attach Form W-7 and all required documentation to your paper return. 
    • Take the package to a Certified Acceptance Agent, an IRS Taxpayer Assistance Center, or mail to the IRS office listed in the W-7 instructions.

    (See the link below to get more detailed instructions on this.)

    3. Head of Household

    • If you are Married and filing with a nonresident alien you may also file as head of household
    • Filing as head of household may give you benefits such as a larger refund.
    •  However, you must have another qualifying person to be eligible to file this way. Your spouse doesn’t count. Go here to learn if you’re eligible.


    Click here for a more detailed explanation as to how to file your taxes with a nonresident alien spouse.

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