View Full Version : A US citizen married to a non resident
Txcpa
Jan 31, 2013, 01:26 PM
A US citizen married to a non resident who want to file married filing joint to claim the child care credit - do they have to file this way all future years
newacct
Jan 31, 2013, 01:54 PM
You can elect to have a nonresident spouse treated as a resident. Either spouse can revoke the choice for a later year when they want to stop doing it.
taxesforaliens
Jan 31, 2013, 01:58 PM
However, you need to consider that you won't be allowed to make the election again after your revoke it.
Read more details here:
Publication 519 (2011), U.S. Tax Guide for Aliens (http://www.irs.gov/publications/p519/ch01.html#en_US_publink1000222196)
AtlantaTaxExpert
Jan 31, 2013, 02:57 PM
The election applies for as long as the wife has an ITIN.
Once she gets her SSN, then you will be free to file joint or separate returns.
newacct
Jan 31, 2013, 03:32 PM
The election applies for as long as the wife has an ITIN.
Once she gets her SSN, then you will be free to file joint or separate returns.
Nonresident aliens can also have SSNs.
AtlantaTaxExpert
Jan 31, 2013, 06:38 PM
Only if they are working.
If they are dependents of the holders of working visas, they are normally INELIGIBLE for a SSN.