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    bbspeterlee's Avatar
    bbspeterlee Posts: 36, Reputation: 1
    Junior Member
    		  
    #1

    Jul 26, 2012, 04:54 PM
    File Tax Return with Nonresident Alien Spouse
    I am a tax resident alien. I've been in the US for 3 times, and I'm still in the US.
    • 2006, J-1, 11 weeks
    • 2007~2008, J-1, 1 year
    • 2010 ~ now, H1B, more than two years


    Assume I'm married today (July 26, 2012) and in the US, but my wife is NOT in the US, she is NOT a US citizen or resident alien.

    My wife wants to move to stay with me some day after December 31, 2012 (that is in 2013). Please see the other question: https://www.askmehelpdesk.com/immigr...us-670145.html

    My wife does NOT even have an SSN.

    So when I file my tax in Feb/Mar/Apr (before April 15, 2013) for 2012 tax:

    1. Can I file my tax together with my wife as "Married Filing Jointly"?

    2. If I can, how can I get the her SSN for tax purpose, since she is not in the US?

    3. She is working in another country, and she is paying tax in that country, so how can I report her income? (She does NOT have a W-2 form).

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jul 26, 2012, 05:02 PM
    1) Yes, you CAN file jointly; your wife's physical location is irrelevant.

    2) No, she will have to apply for an Individual Tax Identification Number (ITIN) by submitting Form W-7 with the joint return by mail.

    3) Using her pay slips, you will report her wages on Line #7 of Form 1040 and submit Form 2555 to claim Foreign Earned Income Exclusion.
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