My partner is from a different country and now we are now living in a country that is foreign. She actually is not a citizen for the United States nor a resident. Can I nevertheless file together or separately?

Then you have some options on how to file your US tax return, although current United States tax laws do not make this process particularly easy if you are a United States citizen (or a resident alien) and are married to a non-citizen, who cannot otherwise qualify as a resident alien under either the Substantial Presence Test or the Green Card Test (as explained at the IRS link directly below.

Then the two of you together could file a normal Married Filing Joint income tax return (or the two of you could alternatively file as Marred Filing Separately) if your spouse can qualify as a resident alien,. Fundamentally, then your spouse is essentially treated as a regular US citizen for tax purposes if your spouse can qualify as a resident alien.

Additionally it is beneficial to mention which you cannot register an income tax return as Single, and ignore your partner, no matter residency status. (We mention that reality because we have been often expected. ) Furthermore, it really is helpful to realize that the IRS considers those people who’re hitched at the time of December 31st of the season to possess been hitched the entire year that is entire for tax purposes.Continue reading→