Hey Austin, I completely understand your stress about this situation. You're smart to be thinking about filing separately - that's definitely the safer route given your wife's tax history. One thing I'd add to the great advice already given: even if you file married filing separately this year, you and your wife can still work together to tackle her unfiled returns without it affecting your current tax liability. The IRS treats each spouse's tax obligations separately when you file MFS, so her past issues won't impact your clean record. From a practical standpoint, I'd suggest having an honest conversation with your wife about getting current with her taxes. The anxiety and uncertainty of having unfiled returns hanging over your heads will only get worse with time. Plus, as others mentioned, she might actually be owed refunds for some of those years. If she's willing to start the process, beginning with just the most recent year or two can make it feel less overwhelming. The IRS is generally more interested in getting people back into compliance than punishing them, especially when there's no indication of intentional fraud. Good luck with whatever you decide!

Austin, I feel for you being caught in this tough spot between protecting yourself financially and supporting your wife. One thing that might help ease into this conversation is focusing on the potential positives - as others mentioned, she could actually be owed refunds for some of those years, especially if she had taxes withheld from paychecks. You might also consider approaching it from the angle of financial planning for your future together. Having this uncertainty hanging over your marriage makes it harder to make long-term financial decisions with confidence. Framing it as "let's clear this up so we can plan our future together" might feel less threatening than focusing on the past mistakes. If she's really resistant to dealing with it all at once, maybe suggest just getting a wage and income transcript for the most recent year to see what her situation actually looks like? Sometimes the unknown feels scarier than the reality. The IRS website makes it pretty easy to request these transcripts online, and it would give you both concrete information to work with rather than just worrying about what might be wrong. Whatever approach you take, your instinct to file separately this year is definitely the right call to protect yourself while you figure out the bigger picture.

Has anyone had experience with how state taxes work with dual-status federal returns? I'm in a similar situation but also worried about state filing requirements. California seems particularly aggressive about taxing people with any connection to the state.

I went through a very similar situation last year and can confirm you'll need to file as dual-status. The IRS is pretty strict about this - if you change residency status during the tax year, dual-status filing is mandatory regardless of how simple your income situation might seem. For your capital gains, since you sold the stocks while physically present in the US (before May 2025), they'll be reported on the Form 1040 portion of your return, not the 1040NR. This is because the US has taxing rights on capital gains realized while you were a US resident for tax purposes. One thing to watch out for - make sure you're calculating your exact residency termination date correctly using the substantial presence test. It might not be exactly when you physically left in May, depending on your presence history in prior years. The IRS has specific rules about this that can affect which form certain income items go on. I ended up hiring a CPA who specializes in international tax because the dual-status rules are genuinely complex, but I know that's not always budget-friendly. If you do go the DIY route, make sure to attach a statement to your return explaining the dual-status filing and clearly marking which periods each form covers.

Just FYI for anyone else in this situation - if you're filing an extension, you don't actually NEED to use the online system. You can mail in Form 4868 or even have your tax preparer e-file the extension for you. Don't stress if you can't access the online system!

I'm glad to see you got some good solutions here! Just wanted to add that if you're still having trouble with identity verification, you can also try calling the IRS Taxpayer Assistance Center at 844-545-5640. They have specific protocols for helping people who can't access their online accounts due to identity verification issues. Another quick tip - if you remember roughly what year you filed (even if you're not 100% sure), you can try different years when the system asks for previous return information. Sometimes people forget they filed a simple return years ago, maybe when they were a student or had a part-time job. Also, don't forget that you might have received IRS correspondence in the mail over the years that could help jog your memory about when you last filed. Check any old mail or documents you might have kept - sometimes there are clues there about your tax filing history.

I'm so sorry you're dealing with this family tax drama - it's incredibly stressful when what should be a straightforward legal issue becomes an emotional family conflict. I went through something very similar last year when I got married, and I can tell you that standing your ground on the tax law is absolutely the right thing to do. The dependency rules are crystal clear: if you're married and filing jointly with your spouse, you cannot be claimed as a dependent on anyone else's return, period. This isn't a matter of opinion or interpretation - it's federal tax law under the Joint Return Test. Your mom's accountant should know this basic rule, and frankly, it's concerning that they're advising otherwise. Here's what worked for me: I approached it as helping my parents get the tax benefits they deserved through the correct legal channels rather than making it seem like I was fighting them. Your mom can likely claim education credits (like the Lifetime Learning Credit) for the tuition she paid directly to your school, even without claiming you as a dependent. In many cases, these credits can actually provide better tax savings than the dependency exemption would have. I'd suggest printing out IRS Publication 501 (the dependency rules) and sitting down with your mom to show her the official documentation. Frame it as "let's make sure we're both maximizing our tax benefits legally" rather than "you're wrong." Also consider helping her find a more knowledgeable tax preparer if her current accountant continues to give incorrect advice about such fundamental tax rules. Stay strong - following tax law correctly is non-negotiable, even when family relationships make it complicated.

I'm really sorry you're going through this stressful situation with your family! As someone who works in tax compliance, I can confirm what everyone else has said - if you're married and filing jointly, you absolutely cannot be claimed as a dependent on your mother's return. The Joint Return Test under IRC Section 152 is crystal clear on this. What's particularly troubling is that your mom's accountant is either unaware of or willing to ignore basic dependency rules. This kind of error could trigger an audit for both you and your mother, and the IRS doesn't take kindly to incorrect dependency claims. Here's my suggestion: Focus on the education credit opportunity for your mom. If she paid qualifying tuition expenses directly to your school, she may be eligible for the Lifetime Learning Credit (up to $2,000) or other education benefits on her own return. This could actually provide better tax savings than claiming you as a dependent would have. Also, given your spouse's situation with work authorization from Belarus, make sure you have a plan for the ITIN application if they don't have an SSN yet. The processing time can be 7-11 weeks, so you might need to file an extension. I'd recommend sitting down with your mom with IRS Publication 501 and approaching it as "let's find the best legal way to maximize both our tax benefits" rather than making it confrontational. Sometimes reframing the conversation around helping her get legitimate credits works better than just saying "no" to the dependency claim.

Pro tip: if u have access to your last years tax return, the IP PIN should be on there. check line 6 of form 1040

Check if you have any IRS notices from this year - they sometimes include the new IP PIN. Also, if you filed through a tax preparer last year, they might have a copy of your PIN. Another option is to try the IRS2Go mobile app - sometimes it works when the website doesn't. Good luck!