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March 24, 2023
Question

Tax filing staus

  • March 24, 2023
  • 1 reply
  • 0 views

John and Jane are married abroad. John has legal status and social security number in the US and has worked in the US last year. Jane lived abroad all last year, except the last 3 months of last year when she lived to the US to be with her spouse.

What filing status should John use? Note that Jane does not have social security number or ITIN and does not work.

Can John (with dependent child) get earned income credit under these conditions?

1 reply

March 24, 2023

Possibly.  There are three different filing scenarios with a Non-Resident Spouse; Married Filing Jointly, Married Filing Separately, and filing as Head of Household (with a dependent child). 

 

Click this link for detailed info on Filing With a Non-Resident Spouse for each of those options. 

 

@DoctorJJ