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-   -   Tax filing married Non resident alien spouce never been to US (https://www.askmehelpdesk.com/showthread.php?t=313376)

  • Feb 5, 2009, 08:20 AM
    ninjip
    Tax filing married Non resident alien spouce never been to US
    Hi,

    I am F1 (non resident alien). Filing tax for year 2008. My spouce has never been to US. She is also student there not earning or not filing tax in my country. She will be arriving november 2009.

    I called up IRS, they suggested to file as 'Married filing seperately".

    Please suggest for following questions,
    1) What status i should be really filining in, Married filling seperately or Married filling jointly?

    2) She doesnt have SSN, which i would need in any case while filing as married.
    Getting ITIN, using W7, also very cumbersome in my case, She is not present in US.
    What is suggested for this condition?

    3) Should I file my taxes next year to gether for year 2008 and 2009?

    4) Will filling this year as a married person will be helpful for her getting dependent visa at the year end?

    Thanks
  • Feb 5, 2009, 10:28 AM
    MukatA

    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return and Form 8843. Your income is not subject to FICA taxes.

    You can not file joint return. You will file as other married nonresident alien.

    If you file W7 (ITIN application) it will be rejected.

    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
  • Feb 6, 2009, 12:26 PM
    ninjip
    Quote:

    Originally Posted by MukatA View Post
    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return and Form 8843. Your income is not subject to FICA taxes.

    You can not file joint return. You will file as other married nonresident alien.

    If you file W7 (ITIN application) it will be rejected.

    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

    I didn't get the perfect answer, Thanks a lot for your efforts.
  • Feb 11, 2009, 02:31 PM
    AtlantaTaxExpert
    It would help if you mentioned your country of origin.

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