TAX, married with wife abroad and I-485 pending

[thehawk]

Hi folks!

I have two things going on with regards to immigration. My H1B was renewed for a year and have few months remaining. My I-140 has been approved and I-485 is pending. I have not been outside of the US in the last two years.

My wife got her H4 last summer but she does not stay in the US much. Comes to visit me at times. She works abroad and I would not want to disclose her work income or other details because I believe that would not be relevant since she is not my dependent for now and doesn't have to pay taxes to the US yet.

So, what would be the best way to file for tax?

Per substantial presence test I would be resident alien for tax purpose, correct? But my wife wouldn't. I have filed as resident alien when I was single and on H1B believing I met substantial presence test.


Please advise!

[newacct]

You can only file jointly by making your wife a resident for the whole year, which will require her worldwide income be reported. Since you don't want that, you can only file as Married Filing Separately.

[thehawk]

You can only file jointly by making your wife a resident for the whole year, which will require her worldwide income be reported. Since you don't want that, you can only file as Married Filing Separately.

Thank you! Married but filing separately would not require her SSN or the Tax ID? She does not have one. Also, filing that way does not require me to declare her resident/non-resident status?

[newacct]

Thank you! Married but filing separately would not require her SSN or the Tax ID? She does not have one. Also, filing that way does not require me to declare her resident/non-resident status?

Yes. According to the 1040 instructions, if you file Married Filing Separately and your spouse is a nonresident alien without an SSN or ITIN, just put "NRA".

[thehawk]

Yes. According to the 1040 instructions, if you file Married Filing Separately and your spouse is a nonresident alien without an SSN or ITIN, just put "NRA".

Thank you very much!