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January 24, 2025
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Non resident alien

  • January 24, 2025
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I am  US citizen married to a non resident alien not living in US. I want to apply for an ITIN for my wife sonothing when I send W7 along with tax return what filing status do I use. I contribute to more than half of her support.

Best answer by pk12_2

@hal5166 , 

(a) which country  is your wife from ?    Is that where she is now ?  Does she have any income / wages  in that country ?

(b)  Are you  in that country or in the US now ?

(c) when did you get married ?

( d) How did you file your return last year ?

 

I will circle back once I hear from you 

1 reply

pk12_2Answer
Employee
January 24, 2025

@hal5166 , 

(a) which country  is your wife from ?    Is that where she is now ?  Does she have any income / wages  in that country ?

(b)  Are you  in that country or in the US now ?

(c) when did you get married ?

( d) How did you file your return last year ?

 

I will circle back once I hear from you 

hal5166Author
January 24, 2025

Mexico

Yes

Approx 6000 US conversion

I am in Mexico

Married Approx 2.5 years

Married filing separately listing her as NRA NON RESIDENT ALIEN

Employee
January 24, 2025

@hal5166 , given your circumstances  , 

 (a) you can file as MFJ  ( Married Filing  Joint ).  All you have to do:

               1.  file  a Form W-7 requesting  an ITIN IN for your spouse.  To keep TurboTax happy, you have to prepare the return  using a dummy SSN -- MFJ ;  choose to file by mail; Print Sign Date -- both;    Replace  dummy SSN with "  N  R  A  " ;   Fill out the form W-7 and attach all  required documents (  copies can be certified  at  US consulate / IRS etc. )  Then mail the whole thing to the IRS.

                 2.   Then attach a statement signed by both you and your spouse, stating that she  wants to be treated as a resident. -- sign  and date -- bot.

                  3.   Since you are both working and earning in Mexico, both your  foreign  incomes  can be excluded from US taxes by using  Foreign Earned Income Exclusion -- pay taxes ONLY to Mexico.   However, you have to decide  whether  the  SECA taxes  ( 15.3% of net income, equivalent to FICA for wage earners in the US ) should be paid to which country -- pay to ONE -- US or MX.

 

If you need more help feel  welcome to  add to this thread or PM

 

Is there more I can do for you ?