Choosing Your Tax Filing Status as Resident Alien with a Foreign Spouse

By Alex Oware on 06/24/2015 10:00 PM

Question: Hello I am a Pakistani; I live and work for the State of CA. I am married, but my wife and kids are citizens of Pakistan (and they live in Pakistan a well). Should I file as single?

 

Answer: Having a spouse who is a citizen of Pakistan does not make you single. Your choice is MFJ and includes her income on the return, or MFS and only deal with your income. There is also an option of filing as Head of Household if there are qualifying kids or relatives who meet the dependency, support, citizen or resident test. See this thread You cannot not claim any of the kids as dependents, as they fail the citizen or resident test.

References/Related Topics

·         Need ITIN for wife even though "Married, filing separately"?

·         Claiming a Non-Citizen Spouse and Children On Your Taxes

***Disclaimer: I am a tax accountant and a CPA , but I am not your accountant or advocate (Unless you have signed up to my services). This communication is not intended as tax advice, and no tax accountant -client relationship results**