how to file taxes? spouse has F-1 visa

[drd1170]

Hello,
My husband and I got married in 2014. I am a U.S. Citizen, husband is obviously not a U.S. Citizen and has an F-1 (student) visa. We are going to file taxes this year, jointly. Husband is not allowed to work under an F-1 visa, and has no income in the U.S., nor abroad.

It is my understanding that he must have obtain an ITIN. Reading the IRS's website, it states that the W-7 form must be filed with the complete tax return. However- how are you supposed to file taxes without any SSN/ITIN under his name (because it would be considered, I would think, incomplete)?

Second- Little confused about whether or not he is considered a non-resident. He has been in the U.S. for about four years consecutively, and even with his last visit to his country, he was there for under a month (with the rest of the year, in the U.S.). I am finding some abiguous info about this online, with one stating that the nonresident rule (or whatever it's called) doesn't apply to F-1 visas?

Third- Are we also supposed to fill out a 1040NR?

Fourth- And this is probably a silly question but; why does he need to file anything if he doesn't have an income? Solely because he is married to a U.S. Citizen?

Thank you!

[rayb]

You submit your joint-married income tax return with an ITIN application, paper-filed, to the Texas IRS address in the IRS instructions for form W-7.

Don't get hung up on the "resident/non-resident" issue, as everything you read on the subject will make your head spin, and it's not that complicated.

--Ray B

Hello,
My husband and I got married in 2014. I am a U.S. Citizen, husband is obviously not a U.S. Citizen and has an F-1 (student) visa. We are going to file taxes this year, jointly. Husband is not allowed to work under an F-1 visa, and has no income in the U.S., nor abroad.

It is my understanding that he must have obtain an ITIN. Reading the IRS's website, it states that the W-7 form must be filed with the complete tax return. However- how are you supposed to file taxes without any SSN/ITIN under his name (because it would be considered, I would think, incomplete)?

Second- Little confused about whether or not he is considered a non-resident. He has been in the U.S. for about four years consecutively, and even with his last visit to his country, he was there for under a month (with the rest of the year, in the U.S.). I am finding some abiguous info about this online, with one stating that the nonresident rule (or whatever it's called) doesn't apply to F-1 visas?

Third- Are we also supposed to fill out a 1040NR?

Fourth- And this is probably a silly question but; why does he need to file anything if he doesn't have an income? Solely because he is married to a U.S. Citizen?

Thank you!

[drd1170]

You submit your joint-married income tax return with an ITIN application, paper-filed, to the Texas IRS address in the IRS instructions for form W-7.

Don't get hung up on the "resident/non-resident" issue, as everything you read on the subject will make your head spin, and it's not that complicated.

--Ray B

So, does that mean I don't need to work about the 1030nr form? (Or others)?

Lastly, I am trying to file my taxes with turbotax....but in order to have everything ready to file (and obviously I would print and file by mail instead of e-filing), turbo tax absolutely requires a ssn for the hubby....I spoke to a "tax expert" on turbotax, and she advised that I could type in a phony ssn, and when I go to file, just white out his phony number. Thoughts?

[rayb]

In order to print out a hardcopy tax return to file, you may have to overcome the Turbotax edit needing an SSN for the wife, but I don't like the idea of "forcing" a dummy SSN.

--Ray B

So, does that mean I don't need to work about the 1030nr form? (Or others)?

Lastly, I am trying to file my taxes with turbotax....but in order to have everything ready to file (and obviously I would print and file by mail instead of e-filing), turbo tax absolutely requires a ssn for the hubby....I spoke to a "tax expert" on turbotax, and she advised that I could type in a phony ssn, and when I go to file, just white out his phony number. Thoughts?

[drd1170]

In order to print out a hardcopy tax return to file, you may have to overcome the Turbotax edit needing an SSN for the wife, but I don't like the idea of "forcing" a dummy SSN.

--Ray B

Thanks. What about the nr form? Or any forms that would need to be filed?

Thanks so much!