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Connor O'Reilly

Does my non-resident alien wife need an ITIN for tax filing if we live abroad?

I just got married to my non-citizen wife last month and we're currently living outside the US. I'm trying to file my US taxes (choosing married filing separately) and the tax software is asking for her SSN or ITIN. I'm confused about whether I actually need to apply for an ITIN for her since we're living abroad and I'm not claiming any tax benefits related to her. I started looking at the ITIN application form (W-7) and got stuck because it asks for documentation showing date of entry into the US, but we're not in the US at all right now. She's never even been to the States yet. I checked the IRS website but got more confused. It mentions something about needing an ITIN for spouses, but I'm not sure if that applies since I'm filing separately and not claiming any tax benefits. Does anyone know if I still need to get her an ITIN in my situation? And if so, how do I handle the application when we're both outside the US?

Yara Khoury

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Yes, you need to report your non-resident alien spouse's information on your tax return even when filing separately. When you choose "married filing separately" on your return, you're acknowledging you have a spouse, which means the IRS needs a way to identify that person in their system. For the W-7 ITIN application, you don't necessarily need documentation showing entry to the US if you're both living abroad. The IRS has exceptions for this exact situation. You'll want to check exception 1(d) on the W-7 instructions which covers "Nonresident alien spouse claiming exemption." Even though you're not claiming tax benefits, you still need to identify her on your return. The application can be submitted by mail with certified copies of identity documents (usually her passport), or through a Certified Acceptance Agent (CAA) who can verify her documents so you don't have to mail originals. Many US embassies and consulates have CAAs available.

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Keisha Taylor

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Thanks for the info! But I'm still confused - if we're filing separately and she has zero US income, do we really need to go through all this hassle? Can't I just leave that field blank on my return? Also, do we need to do this every year or is the ITIN permanent once she gets it?

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Yara Khoury

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You can't leave the field blank as the tax software and IRS systems will flag this as an incomplete return. Even with separate filing status, you need to identify your spouse - it's just how the tax system works. Think of it as the IRS verifying your marital status. ITINs are generally valid for 5 years, after which they may need to be renewed. However, if your spouse uses the ITIN on a tax return at least once every three consecutive tax years, it typically remains valid longer. If your circumstances change and she becomes a permanent resident in the future, she would get a Social Security Number that would replace the ITIN.

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After dealing with this exact situation last year, I found using taxr.ai super helpful for sorting out my non-resident spouse ITIN issues. I uploaded all my tax documents including my marriage certificate to https://taxr.ai and their AI analyzed everything and told me exactly what forms I needed and how to apply for my wife's ITIN from abroad. The best part was they confirmed which exception applied to my situation and how to document everything properly. They even helped me understand which supporting documents would work since we weren't in the US. Saved me tons of research time and probably prevented delays in processing.

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Paolo Marino

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How long did it take for them to process your documents? I'm worried about deadlines since tax day is coming up fast. Did they help with the actual ITIN application or just told you what to do?

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Amina Bah

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I'm skeptical about these services. Wouldn't a regular accountant who specializes in expat taxes know all this already? What makes them better than someone who does this professionally year after year?

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They processed my documents within a day or so. They don't submit the ITIN application for you, but they give you very specific instructions tailored to your situation, which makes filling it out much simpler. I still filed before the deadline by attaching the W-7 to my return. They're different from accountants because it's much more affordable for a specific question like this. I wasn't looking for full tax prep, just needed to solve this one ITIN issue. They identified the exact exception that applied to me and explained how to document it properly to avoid rejection.

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Paolo Marino

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Wanted to follow up - I tried taxr.ai after seeing the recommendation here and it was super helpful! My situation was almost identical to the original poster. I uploaded my marriage certificate and passport, and they quickly identified I needed to use Exception 1(d) on Form W-7. They explained I could mail certified copies of my wife's passport with the application or use a Certified Acceptance Agent near us (there was one at the US consulate). I chose the CAA route and it was so much easier than I expected! Didn't have to mail original documents and felt much more secure. Thanks for the recommendation!

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Oliver Becker

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If you're worried about reaching the IRS for questions about ITIN applications from abroad, I'd recommend using Claimyr. Last year I was in a similar situation with my non-US spouse and spent weeks trying to call the IRS international line for clarification on some documents. Was impossible to get through! I found https://claimyr.com and their system got me connected to an actual IRS agent in about 15 minutes when I'd been trying for days on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent confirmed exactly what I needed for the ITIN application from abroad and which exception to use.

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Wait how does this work? Do they just keep calling for you or something? I'm confused how they get through when nobody else can.

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Sounds like BS to me. I've heard the IRS doesn't prioritize calls so how could they possibly get you through faster than if you called yourself? Seems like a waste of money for something you could do yourself with enough patience.

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Oliver Becker

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They use an automated system that essentially waits on hold for you and then calls you when an IRS agent is about to answer. It works because most people give up after 30+ minutes on hold, but their system just keeps going until it gets through. They don't get "priority" access - they just have the technology to wait in the phone queue so you don't have to. I was especially grateful being overseas with the time difference making it really difficult to call during US business hours. I could just set it up and go about my day until they connected me.

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I need to eat my words from my previous comment! After struggling to reach the IRS for three days in a row (trying at various times due to the time zone difference), I broke down and tried Claimyr. Within 45 minutes I was talking to an actual IRS agent who handled my non-resident spouse ITIN questions. The agent confirmed that I definitely needed an ITIN for my spouse even when filing separately, and explained that I could use a CAA at the nearest US embassy to verify her identity documents. This saved me from having to mail her original passport, which she obviously needs! The time and stress saved was absolutely worth it, especially being 13 hours ahead of Eastern Time.

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Emma Davis

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If your wife has a foreign tax ID in the country you're living in, you can actually enter that number in the software and indicate it's a foreign tax ID. Most tax preparation software has this option - look for something like "foreign tax identification number" when it asks for her SSN/ITIN. For example, on TurboTax, after entering your spouse's name, there should be an option that says something like "My spouse doesn't have an SSN or ITIN" which will then let you enter a foreign tax ID.

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LunarLegend

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That's not correct advice. You can't just use a foreign tax ID on a US tax return. The IRS specifically requires either an SSN or ITIN for spouses listed on a return. The software might let you enter it, but it'll likely get rejected when you file.

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Emma Davis

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You're right, I should have been more clear. This is a temporary workaround just to complete and submit the return. You'll still need to attach a completed W-7 ITIN application for your spouse when you submit the return. The foreign tax ID is just to get past that field in the software. The IRS will process the W-7 and assign an ITIN to your spouse when they receive your return. Once the ITIN is assigned, you should use that for all future returns. I should have mentioned this important detail in my original comment.

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Malik Jackson

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Quick question for anyone who's done this before - do I need to attach my wife's ITIN application to my actual tax return if I'm filing electronically? Or do I need to mail everything?

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If you're applying for an ITIN, you'll need to mail in your return with the W-7 application and supporting documents. You can't e-file if you're attaching a first-time ITIN application. This is one situation where paper filing is required.

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Carmen Vega

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I went through this exact situation two years ago when I married my Canadian wife while we were both living in Toronto. Even though I was filing separately and she had zero US income, the IRS absolutely requires you to identify your spouse on your return - you can't leave it blank. The key thing to understand is that when you select "married filing separately" status, the IRS system needs to verify that person exists in their database, which requires either an SSN or ITIN. It's not about tax benefits - it's about identifying who your spouse is for tax purposes. For the W-7 application from abroad, you'll want to use Exception 1(d) as mentioned earlier. The documentation requirements are different when you're overseas - you don't need proof of US entry. Her passport should be sufficient as primary identification. I'd strongly recommend using a Certified Acceptance Agent (CAA) at your nearest US embassy or consulate rather than mailing original documents. They can verify her identity documents on the spot, which is much safer and faster than mailing her passport internationally. One important note: you'll need to paper file your return with the W-7 attached - no e-filing when applying for a first-time ITIN. Plan extra time for processing since everything goes through regular mail.

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Nalani Liu

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This is really helpful, thank you! I'm in a similar situation with my spouse from the Philippines. Quick follow-up question - when you say "plan extra time for processing," roughly how long did it take for your wife to get her ITIN? I'm worried about filing deadlines since we're cutting it close this year. Also, did you run into any issues with the CAA at the embassy, or was it pretty straightforward once you had all the documents ready?

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