Got married in April 2024, Spouse is a non-resident still living in Canada
Hello,
I got married back in April here in California, and my wife (Canadian citizen) is back in Canada and we are still in the process of petitioning her (I-130). How do I go about filing my taxes for 2024, should I filing Married filing separately or can I file jointly and apply for an ITIN for her? Additionally, can I file online or do I have to find an accountant and have them file by mail?
Thanks a lot!!!
Best Answer
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Congratulations on your marriage! You have a couple options, and ultimately it will depend on your goals as a couple.
If your spouse does not wish to be treated as a U.S resident and pay tax on their worldwide income, then you would typically need to file as Married Filing Separately. Please note that in this case, FreeTaxUSA is currently not able to support nonresident alien spouses, and you would need to file your return using a different software.
A nonresident alien married to a U.S. citizen or resident can choose to be treated as an U.S. resident and file as Married Filing Jointly. If you choose to do this, you'll be taxed on both spouses' worldwide incomes, and you'll need to mail your tax return with a statement to support your choice.
For more detail on this topic, we recommend reviewing the IRS publication below:
