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?
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 Resources
Are political contributions tax deductible? Before signing a check, learn the difference between charitable giving and political donations at H&R Block.
Learn how to deduct student loan interest with H&R Block. Get information about qualified education expenses and see if a student loan tax deduction applies to you.
Tax preparers can have various designation and specialties. Learn how different types of tax preparers at H&R Block can help you in person or virtually.
Here are the top tax questions our professionals got this year – with answers for you! How can you use this? Read on to get answers from H&R Block.
