Tax Filing Concerns for H-1B Visa Holders with H-4 Spouse

Forum|Forum|1 year ago
April 5, 2025
2 replies
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I am an H-1B visa holder and have been living in NYC for approximately 1.5 years. For tax purposes, I am considered a resident alien and am also married. I work as a software engineer and receive a W-2. My wife is not eligible for an SSN, and we do not plan to obtain an ITIN in the near future. She is not working due to her ineligibility for an SSN. Consequently, I filed my tax return as "Single" because TurboTax required an SSN or ITIN for my wife. Is this problematic? I filed with TurboTax PLUS, so I have the option to amend my return. What should I do in this case?

TurboTax PLUS Online

pk12_2

Employee

@sametaylak29 , I do not understand your logic for not getting an ITIN for your wife. Because as a MFJ , your taxes should be quite a bit lower than MFS.

Also MFS status would mean TurboTax will ask for the details of your spouse anyways and may force you to file by mail.

Which country are from ? How about your spouse ? Also note that as person with dependent visa , her tax status is same as yours ( Resident for Tax purposes ).

What can I do to help you ?

I will circle back once I hear from you --yes ?

KrisD15

You are married, therefore your choices are to file

Married Filing Separately

Married Filing Jointly

You should not file as Single.

You will need to amend your returns.

In TurboTax, select "My spouse is a non-resident alien"

Next, select No for treating her as a U.S. resident for the entire tax year." if you are not making the election to file a joint return.

@sametaylak29

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sametaylak29Author

The system still make me to enter SSN/ITIN for my wife.

KrisD15

You can leave it blank, TurboTax won't like it and may even say it's an error, but you will be able to e-file without one for her if you're filing separately.

If filing jointly, you will need to print and mail the return with Form W-7.

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