If I'm a U.S. citizen married to a nonresident alien, can we file married filing jointly?
Yes, if both of these are true:
- You're a U.S. citizen or resident alien.
- You were married on Dec. 31 to either a:
- Nonresident alien
- Dual-status alien
If you file a joint return, you and your spouse are both treated as U.S. residents for the entire year.
You and your spouse must each have:
- Social Security number (SSN)
- Individual taxpayer identification number (ITIN)
If your spouse isn’t eligible for an SSN, he or she can apply for an ITIN by completing Form W-7.
Mail your return, Form W-7, and any required related documents to:
IRS
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
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This advice is for general information purposes only and may not apply to you. Every tax situation is different. This is not intended to be legal advice. Taxpayers should consult an H&R Block Tax Professional regarding their individual tax situation.