IRS Publication 17 Guidance for Filing with Non-resident Alien Spouse - Contradictions?

Thanks for clarifying! So if I understand correctly, I could theoretically submit both the W-7 for my spouse AND our MFJ return at the same time? Would that be a paper filing only? And how long does the ITIN approval typically take? Really wondering if I should just go MFS this year to avoid complications.

Yes, you can submit both the W-7 application and your MFJ return simultaneously, but it must be a paper filing - you cannot e-file in this situation. ITIN processing times have been varying quite a bit lately, ranging from 7-11 weeks on average, though it can sometimes take longer during busy periods. If you go the MFJ route with a W-7 application, your refund (if you're expecting one) will be delayed until the ITIN is processed. If you choose MFS to avoid complications, just be aware you'll lose certain tax benefits like education credits, child and dependent care credit, and typically face higher tax rates. That's why filing an extension and waiting for the ITIN is often the better financial choice if you can manage the timeline.

Does this taxr.ai thing actually work with complicated tax situations? I've tried other "AI tax help" tools and they just spit out generic answers. Can it handle specific international situations like this?

Is it worth the cost though? I've been trying to avoid paying for tax help but I'm in a similar situation with a spouse overseas who doesn't have an ITIN yet. Do they have actual tax professionals reviewing the AI answers or is it all automated?

It does work surprisingly well with international situations. I was skeptical too since most tools just give basic answers, but this one actually analyzes the specific documents you upload and gives tailored guidance. It pointed out exactly which paragraphs in Pub 17 applied to my situation and explained the contradictions. Regarding cost, I found it much more affordable than hiring a tax professional, which would have cost me $300+ for international tax advice. The automated analysis was detailed enough that I didn't need additional human review, but they do have options for connecting with professionals if you want that extra verification. For our nonresident alien spouse situation, the automated analysis was sufficient to confidently decide our filing approach.

How does Claimyr actually work? I've been trying to call the IRS for weeks about my foreign spouse situation and it's always "call volumes too high" then it hangs up on me. Does this really get you through or is it just another scam?

Sorry but this sounds like BS. Nobody gets through to the IRS these days. I tried calling for three months straight about my wife's ITIN application and couldn't get a single human on the line. You're telling me this service magically gets you through? What's the catch? They probably just collect your number and ghost you.

It works by holding your place in line and calling you back when an agent is about to be available. It's basically a waiting service - they have technology that keeps redialing and navigating the phone tree until they get through, then they connect you with the IRS agent directly. No need to stay on the phone yourself for hours. There's no catch with how it works - they don't answer your tax questions or pretend to be the IRS. They literally just get you connected to a real IRS agent, then you handle your own questions. I was skeptical too, which is why I watched their demo video first. For my situation with the ITIN questions, getting 15 minutes with an actual IRS representative cleared up all the Publication 17 contradictions instantly. They gave me the exact process to follow for my spouse's ITIN application and confirmed I could file jointly while waiting for it to process.

Yes, you will need certified translations for any documents not in English. The entire relevant sections of the passport need translation - that includes all the identification information pages. Don't use an online translator - the IRS requires a certified translation by a qualified translator who will need to sign a statement attesting to their competence to translate and the accuracy of the translation. Also, be aware that for W-7 applications, you'll either need to send original documents (which is risky) or copies certified by the issuing agency. Regular notarized copies usually aren't accepted. If your spouse is outside the US, you might want to look into using an IRS Certifying Acceptance Agent who can verify the documents without you having to mail originals.

Thanks for this - that's super helpful! I was about to just use Google Translate for the passport which sounds like it would've caused a rejection. Do you happen to know approximately how much a certified translator costs for passport documents? And is there any list of IRS Certifying Acceptance Agents for international locations?

Certified translation costs vary quite a bit depending on your location, but for passport documents, you're typically looking at around $40-120. Some translation services specialize in immigration and tax documents and may offer package deals specifically for ITIN applications. For IRS Certifying Acceptance Agents (CAAs) abroad, the IRS maintains a directory you can search by location at irs.gov/individuals/international-taxpayers/acceptance-agents-overseas. Not all countries have them, but major cities often do. If there's none in your spouse's country, some US-based CAAs can work remotely by video conference, though this is a newer practice that developed during the pandemic. One more tip: make sure the translator provides a signed statement of certification on letterhead that includes their credentials and a statement of accuracy. The IRS is quite particular about this.

Unfortunately there's no online tracking system for W-7 applications like there is for tax returns. You can try calling the IRS ITIN unit directly at 1-800-908-9982, but good luck getting through. I submitted my wife's W-7 in February and only got the ITIN letter in May. The only way I managed to check status was using that Claimyr service mentioned above to actually get through to an IRS agent. It's ridiculous how hard they make this process!