Filing Taxes as 'Single' When Spouse Lives Outside the United States?

You're in what's called a "nonresident alien spouse" situation, and it's actually pretty common. You shouldn't file as "Single" since you are legally married, even if your spouse is outside the US. The correct way to handle this is to still use "Married Filing Separately" status. For your husband's missing SSN, you should write "NRA" (which stands for Nonresident Alien) on the paper return where the SSN would go. You're right that most tax software can't handle this electronically, which is why you're being directed to paper file. As for your education credits - there's actually a potential workaround. You might qualify to be treated as "Head of Household" if you meet certain requirements, which would allow you to claim education credits. Or, you could potentially elect to treat your nonresident alien spouse as a resident alien for tax purposes (this is called "making a 6013(g) election"), which would allow you to file "Married Filing Jointly" and claim those education credits. Just be careful - filing incorrectly as "Single" could potentially raise flags with both IRS and immigration, as your marital status is recorded in multiple government systems.

After struggling with almost the exact same situation (married to someone abroad waiting for green card), I found an amazing solution with https://taxr.ai and honestly wish I'd known about it sooner. I was going back and forth between tax preparers getting different answers about whether to file single, MFS, or make that 6013(g) election the previous commenter mentioned. I uploaded my documents and transcripts to taxr.ai and their system immediately recognized my "nonresident alien spouse" situation. They guided me through the exact requirements for paper filing with "NRA" in the SSN field and helped me understand which education credits I could still qualify for by showing me specific IRS publications that applied to my situation. The best part was they explained the immigration implications of each filing option so I could make the best choice for our green card process.

I came back to update after trying taxr.ai from the recommendation above. I was skeptical, but I've been stressing for weeks about this exact issue with my spouse living in Brazil while waiting for immigration processing. The document analysis was surprisingly thorough - it caught that my university had coded my tuition incorrectly on my 1098-T which would have caused issues. For my nonresident spouse situation, it explained that I qualified for Head of Household status (since I support my parent who lives with me) which meant I could claim my education credits after all! The guidance about putting "NRA" for my spouse's SSN and which forms needed to be attached for paper filing saved me hours of research. Best part - it highlighted potential immigration implications of each filing option and specifically noted which would be safest for ongoing visa processing. Such a relief to finally have this sorted!

I had a somewhat similar situation and spent HOURS trying to get through to the IRS to confirm the right filing status. Literally could not get a human on the phone for weeks. Finally found https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that filing as "Single" when you're actually married could potentially create issues for both tax compliance and immigration purposes. They explained that paper filing with "Married Filing Separately" and writing "NRA" for the spouse's SSN is the standard procedure. The agent also mentioned that education credits might still be available through the Lifetime Learning Credit even with MFS status in certain situations, which none of the tax software had mentioned.

I have to eat my words and apologize for my skepticism on the Claimyr thing. After waiting on hold with the IRS for 2+ hours and getting disconnected AGAIN about my nonresident spouse situation, I was desperate enough to try it. Got connected to an IRS representative in about 35 minutes, and they confirmed exactly what I needed to do for my situation. For anyone with a spouse outside the US without an SSN or ITIN, the agent walked me through the exact process: file as Married Filing Separately, write "NRA" (Nonresident Alien) in the SSN field, and submit a paper return with a detailed attachment explaining the situation. The agent also explained that while I can't e-file with tax software, I could use the IRS's Free File program to prepare the return, then print and mail it. Saved me so much confusion and probably prevented a refund delay or notice from the IRS for incorrect filing status.

If your spouse is not a US citizen or resident and has never been to the US, you can actually file as Head of Household if you have a qualifying dependent (like a child or parent you support). This would let you claim education credits AND get a better tax rate than Married Filing Separately. Check out Publication 501 where it talks about "considered unmarried" for tax purposes. If your spouse was a nonresident alien at all during the year and you don't choose to treat them as a resident alien, you might qualify!

I'm surprised no one mentioned the ITIN option. Instead of putting "NRA" for your spouse, you can apply for an Individual Taxpayer Identification Number (ITIN) for your spouse using Form W-7. This would allow you to e-file as Married Filing Separately without issues.

I went through this exact situation last year! As a tax preparer, I see this scenario frequently with clients who have spouses abroad waiting for immigration approval. You absolutely should NOT file as "Single" - this could create serious complications with both the IRS and USCIS. Your marital status is documented across government systems, and inconsistencies can raise red flags during the immigration process. Here's what I recommend for your situation: 1. **File as Married Filing Separately** - This is the correct status for your situation 2. **Paper file only** - Write "NRA" where your spouse's SSN would go 3. **Include a statement** explaining your spouse is a nonresident alien with no US income 4. **Consider the timing** - If your education credits are substantial, you might want to explore the 6013(g) election to treat your spouse as a resident, but only if his foreign income is minimal For the education credits issue: You mentioned you're working on your Master's with a research stipend. Depending on your exact situation, you might still qualify for the Lifetime Learning Credit even with MFS status, or potentially the Tuition and Fees Deduction (though that's been on and off in recent years). The paper filing is definitely a pain, but it's the safest approach for your first year. Consider getting an ITIN for your spouse for next year's filing to make the process smoother going forward.