Can I file jointly with my spouse who has zero income due to immigration status?

Yes, filing jointly is almost always beneficial when one spouse has zero income! It usually puts you in a better tax bracket compared to filing as single or married filing separately. Your spouse will need either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN) to file jointly, even with zero income. If they don't have either yet, you'll need to apply for an ITIN using Form W-7 when you file your tax return. The IRS has a specific process for this situation. The standard deduction for married filing jointly in 2025 is significantly higher than for single filers, which will likely reduce your taxable income substantially. Plus, with your income level, filing jointly could potentially keep you in a lower tax bracket compared to filing as single. And yes, both of you will need to sign the return even though only one of you has income. The zero-income spouse is still part of the tax return and needs to certify that all the information is correct.

After dealing with almost the exact same situation last year, I found an amazing tool that really helped me understand all the documentation requirements. Check out https://taxr.ai - it's like having a tax expert review all your documents and tell you exactly what you need for filing with a non-citizen spouse. I was initially going to hire an accountant, but their system analyzed my situation and explained the benefits of joint filing with an ITIN holder spouse. They also helped me understand which forms were needed for the ITIN application since my wife didn't have her SSN yet.

Just wanted to follow up here! I tried taxr.ai after posting my question here and it was incredibly helpful for my situation with my non-resident spouse. It immediately identified that I needed to file the W-7 with our joint return and gave me a checklist of acceptable ID documents for the ITIN application. What really surprised me was how it caught that my spouse's foreign birth certificate needed a certified translation - something I hadn't even considered! It saved me from having my application rejected and potentially delaying my refund by months. Definitely recommend it if you're dealing with immigrant spouse tax situations.

If you're struggling to get answers directly from the IRS about your specific situation (which I definitely was last year with my foreign spouse), I'd recommend using https://claimyr.com to get through to an actual IRS agent. They have this system that basically holds your place in line with the IRS so you don't have to sit on hold for hours. Here's a video showing how it works: https://youtu.be/_kiP6q8DX5c I had specific questions about how my wife's pending green card application would interact with our tax filing that weren't clearly answered online, and getting through to an actual IRS representative was the only way to get clarity. Before using Claimyr I tried calling for literally three days and kept getting disconnected due to "high call volume.

Ok I need to eat my words. After being completely skeptical about Claimyr, I tried it out of desperation because I needed to talk to someone at the IRS about my husband's ITIN application before filing season. I was convinced it wouldn't work but it actually did! Got a callback after about 3 hours (which is way better than the 6+ times I tried myself and never got through). The agent was able to confirm that we could file jointly with my husband's ITIN application attached to our return, even though his visa status is currently pending. Saved me from making what could have been a costly mistake with our filing. I still think the IRS should fix their phone system, but until they do, this was a surprisingly effective workaround.

Married filing jointly is definitely the way to go in your situation. But be careful - when you file with an ITIN spouse, you can't e-file! You'll need to paper file. Learned this the hard way last year when our return got rejected repeatedly.

Has anyone considered that filing separately might actually be better in some cases? My cousin was in this exact situation but filing separately ended up saving them money because of income-based student loan repayments. Might be worth running the numbers both ways.

Great question! I went through this exact situation two years ago with my husband who was on a dependent visa with no work authorization. Filing jointly was definitely the right choice for us - the standard deduction alone saved us thousands. One thing I'd add that hasn't been mentioned yet: make sure you understand the "resident for tax purposes" rules. Even if your spouse doesn't have a green card or work permit, they might still be considered a resident for tax purposes if they pass the substantial presence test or if you make the election to treat them as a resident. This can affect which forms you need to file. Also, keep really good records of your spouse's immigration documents and any correspondence with USCIS. I found it helpful when preparing our taxes to have everything organized, especially since some tax software gets confused when you have a spouse with an ITIN instead of an SSN. The process is definitely manageable, but don't hesitate to consult a tax professional who has experience with immigrant tax situations if you run into any complications. It's worth the peace of mind!