Question

My husband isn't a U.S. citizen, but he has an SSN and permit to work in the United States. Do we use married to non resident alien filing status?

Answer

Assuming that you are a US citizen or resident alien, you can file several different ways.

If your spouse has been in the United States on a work visa for the entire year, he’s probably a full-year U.S. resident. If so, you can claim married filing
jointly on Form 1040.

However, if he arrived during the year, he might be treated as a nonresident or a dual status alien. In that case, you’d need to choose to treat him as a full-year U.S. resident to file jointly. If you don’t treat him as a full-year resident, your filing status would be married filing separately. You’d file on Form 1040, and he’d file separately on either Form 1040 or Form 1040NR. The form depends on his residency status at the end of the tax year.

Related Topics

Related Resources

I have a question about childcare provider taxes. If I’m a childcare provider without a W-2, how do I file taxes for chi

If you are a child care provider without a W-2, how do you file your taxes? Learn more from the tax experts at H&R Block.

529 Tax Deductions & End-of-Year Savings Options

As end-of-year approaches, taxes owed can become a major headache. Plan ahead by considering 529 Tax Deductions and other end-of-year savings options.

I have a question about filing as surviving spouse. If my spouse died before signing her return, what should I do regard

If your spouse died before signing their return, what should you do? Learn more from the tax experts at H&R Block.

I’m a US citizen but my spouse is a foreign citizen who hasn’t applied for an SSN and hasn’t lived or worked in the Unit

Learn how being a US citizen married to a non-resident alien will impact your tax return with help from the tax experts at H&R Block.