How do taxes as MFJ if spouse in another country and has SSN

[Migaloo 5]

My spouse is a nonresident alien that has a SSN. I want to file as MFJ as I will save thousands. I plan on using Turbotax. In the threads I have been reading all the spouses do not have a SSN. Sorry if this is a duplicate post.

 

However, I know will have to attach a letter staying to treat my spouse as a resident for tax purposes.

 

Also, will have to fill out FBAR and form 8938. FBAR is done online, and turbotax has form 8938?

 

However, with my spouse being overseas, does everything require a wet signature (Tax return, form 8938, etc)? Will I have to print out everything and mail it for him to sign and then him mail it back?

 

 

[Liam2021 564]

Your foreign spouse need to apply for ITIN in order to file MFJ. This link will show you how to apply for ITIN:https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

If it too complicated , you can file MFS( you have to mail tax return to IRS) and amend it later after your spouse immigrate to USA.

I don't know how your foreign spouse has a SSN.

Edited January 16, 2020 by H&T

[arken 4,197]

If your spouse has a SSN, the you can file it online like thru Turbotax. No signature either from you or your spouse is required when filing online.

[Migaloo 5]

2 hours ago, H&T said:

Your foreign spouse need to apply for ITIN in order to file MFJ. This link will show you how to apply for ITIN:https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

If it too complicated , you can file MFS( you have to mail tax return to IRS) and amend it later after your spouse immigrate to USA.

I don't know how your foreign spouse has a SSN.

Essentially came over on a K-1 visa got married and got a SSN. But left the country and will have to file paperwork again.

 

 

2 hours ago, arken said:

If your spouse has a SSN, the you can file it online like thru Turbotax. No signature either from you or your spouse is required when filing online.

That sounds great, but what about the the statement that is signed by both that is "A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year"

 

 

 

Thanks

[Just Paul 4,591]

13 minutes ago, Migaloo said:

But left the country and will have to file paperwork again.

So he abandoned his AOS?

 

NON resident Alien and Green card holder do not go together.   

 

Sounds like you are filing MFS - Double check with a tax professional

[Migaloo 5]

10 minutes ago, Paul & Mary said:

So he abandoned his AOS?

 

NON resident Alien and Green card holder do not go together.   

 

Sounds like you are filing MFS - Double check with a tax professional

He abandoned the AOS and thus has no green card.

[arken 4,197]

18 hours ago, Migaloo said:

 

That sounds great, but what about the the statement that is signed by both that is "A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year"

 

 

 

Thanks

Doesn’t turbotax have that option? Usually you can have your Name as signature on these sort of digital filing.

[Migaloo 5]

13 hours ago, arken said:

Doesn’t turbotax have that option? Usually you can have your Name as signature on these sort of digital filing.

I believe Turbotax has that option for digital filing. However, I am now concerned with the letter or statement we have to attach to the filing stating to treat a nonresident alien as a resident for tax purposes.

[Migaloo 5]

I am going to visit my spouse for a month starting almost mid February. I am thinking of taking my laptop and using Turbotax and working on taxes while on vacation there. I will be able to print it and get wet signatures on everything.

 

My understanding is that my spouses income from wages for 2019 will be simply recorded as foreign income, but then will also need to figure out any interest earned in bank accounts as well.

 

My understanding is that if needing to complete the FBAR then this can be completed anytime.

 

I do not think there is anything else. I know that there is form 8938, but I need to research more about that.

 

What do you think of completing your taxes while overseas? At first it seemed crazy to me, but it may solve many problems without having to mail documents to be signed.