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The Married Filing Separately Foreign Spouse you see on this page is a multi-usable legal template drafted by professional lawyers in line with federal and state laws and regulations. For more than 25 years, US Legal Forms has provided people, businesses, and legal professionals with more than 85,000 verified, state-specific forms for any business and personal situation. It’s the fastest, easiest and most trustworthy way to obtain the documents you need, as the service guarantees bank-level data security and anti-malware protection.
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When tax season rolls around you may wonder if you can still file single. Unfortunately, you can't file single if married to a nonresident alien (NRA). Once you tie the knot, you must either go with Married Filing Separately or Married Filing Jointly.
For Married Filing Separately taxpayers, enter the spouse's name and Social Security number or ITIN on the tax return.
Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns.
IN GENERAL, WHEN A U.S. CITIZEN OR RESIDENT ALIEN IS MARRIED TO A NONRESIDENT ALIEN, THEIR FEDERAL TAX FILING STATUS IS MARRIED FILING SEPARATELY. HOWEVER, YOU MAY CHOOSE ANOTHER FILING STATUS IF YOU QUALIFY.
If your spouse is a nonresident alien, you can treat your spouse as a resident alien for tax purposes. If you choose this option, you can file a joint tax return with your spouse and have an increased standard deduction.