How Do I File US Tax Return If My Spouse Isn’t an American?
If you are an US citizen or a green card holder, but your spouse isn’t an American, when you are filing your US tax return, you can choose to file with your spouse as married filing jointly.
If you don’t want to file jointly with your spouse, you can choose to file as head of household (HOH). But you have to pay more than half the cost of maintaining a household for certain dependents, and your dependents have to meet the certain conditions.
For example, if your dependents are your children, you have to live with them for more than half the year. If your dependents are your parents, you don’t have to live with them, but you have to pay more than half for their household expenditure. You have to notice that your
non-resident spouse doesn’t be counted in household expenditure. If you don’t have any dependent, you can choose to file as married filing separately (MFS).
If your non-resident spouse doesn’t have Individual Taxpayer Identification Number (ITIN), you have to file Form W-7 to the IRS to apply for your spouse’s ITIN at the same time while you are filing your tax return.
USCPA Sophie Luo (羅霞) reminds you that when you file US tax return with your spouse as married filing jointly, you have to report spouse’s all incomes around the world into your tax return, until you decide to end filing jointly or change married filing separately.
If you have any questions or need any further help,
please contact us at the USCPA Sophie Luo (羅霞) +886 980919600
or Email: ustaxproservice@gmail.com
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