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Olivia Clark

Looking for help filing taxes as NRA with NRA spouse who has no SSN or ITIN

Hey everyone, I'm in a bit of a tax situation and could really use some guidance. I'm a nonresident alien on a J1 visa (my first tax year here), and my spouse is also an NRA on a J2 visa. The thing is, my spouse doesn't have either an SSN or ITIN and didn't earn any income last year. My own tax situation is pretty straightforward - I just have one W2 form to report. But I'm confused about how to properly file given our visa statuses and my spouse's lack of identification numbers. Does anyone know a good tax professional who specializes in NRA filing, especially with the ITIN/SSN issue for spouses? Or maybe someone has been in a similar situation and can point me in the right direction? I've looked at some online services but they don't seem to address this specific scenario.

I've helped several international clients in similar situations! For NRAs on J1 visas filing with a spouse who doesn't have an SSN or ITIN, you have a couple of options. First, you can file as "Married Filing Separately" which doesn't require your spouse to have an ITIN. This is the simplest approach for your first tax year in the US. You'd only report your W2 income and wouldn't include your spouse at all on your return. Alternatively, you can file as "Married Filing Jointly," which might give you better tax benefits, but this requires getting an ITIN for your spouse. Your spouse would need to complete Form W-7 (Application for IRS Individual Taxpayer Identification Number) and submit it along with your tax return and supporting documents that prove identity and foreign status.

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Thanks for the info! If I go the "Married Filing Separately" route, do I still need to mention my spouse anywhere on the forms? And approximately how much difference would it make financially to file jointly vs separately in a case like mine where my spouse had zero income?

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When filing as "Married Filing Separately," you'll still indicate on your tax return that you're married, but you won't need to provide any identifying information for your spouse when they have no SSN or ITIN. In terms of financial difference, with your spouse having zero income, filing jointly could potentially benefit you through a higher standard deduction. For 2024 taxes (filed in 2025), the standard deduction for MFS is $13,850 while MFJ is $27,700. This could lower your taxable income significantly. You might also qualify for certain credits that aren't available when filing separately. However, this must be weighed against the effort of obtaining an ITIN for your spouse.

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When I was on an F1 visa last year, I found out about taxr.ai (https://taxr.ai) and it was seriously a game-changer for my NRA tax situation. They specialize in nonresident tax returns including all the visa-specific stuff that regular tax software gets wrong. I was in a similar spot with my wife needing an ITIN and they guided me through the whole process. They have tax pros who understand all the treaty benefits and filing requirements for J1/J2 visa holders. The cool thing is they have document scanning that automatically interprets your W2 and visa documents to make sure everything's filed correctly - especially important for NRAs since mistakes can affect immigration status.

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Did they actually help with the ITIN application process? My husband needs one too but when I tried H&R Block they said I'd need to handle the ITIN part separately before coming back to them.

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How do they handle tax treaties? I'm on J1 from the Netherlands and heard I might be exempt from some taxes for 2 years but other services keep telling me different things.

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Yes, they helped with the entire ITIN application process! Unlike H&R Block, they prepared the W-7 form for my wife and explained exactly which supporting documents we needed to submit. They even reviewed our passport copies and marriage certificate to make sure they met IRS requirements before submission. For tax treaties, they have specific expertise in this area. They automatically checked the Netherlands-US tax treaty provisions for my friend from Amsterdam who was also on a J1. They applied the correct treaty articles to exempt certain income for the allowed period. Their system is designed specifically for international taxpayers, so it handles all the treaty exceptions that regular tax software misses.

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Just wanted to update everyone - I ended up using taxr.ai after seeing the recommendation here and WOW it made the whole process so much easier! The ITIN application for my husband was handled seamlessly (they even caught that I was about to submit the wrong version of our marriage certificate). They walked me through the whole NRA filing process step by step, explained what treaty benefits applied to us, and took care of all the forms. Their specialists really do understand J visa situations - they even knew exactly which forms I needed for state taxes, which was something I hadn't even considered. Definitely recommend for anyone in a similar NRA spouse situation!

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If you're having trouble getting through to the IRS about your ITIN application (which is pretty common these days), I highly recommend using Claimyr (https://claimyr.com). I spent DAYS trying to reach someone at the IRS about my wife's ITIN status - constant busy signals or disconnections after waiting forever. I was skeptical but tried Claimyr and they got me connected to an actual IRS agent in about 20 minutes when I'd been trying for weeks on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when they get a human. Saved me hours of frustration and I finally got answers about our ITIN application that had been pending for months.

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How does this actually work? Do they just call the IRS for you or what? Sounds too good to be true considering how impossible it is to reach anyone there.

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Yeah right, nobody gets through to the IRS these days. I've been trying for THREE MONTHS about my ITIN application that's been "processing" since last year. If this actually works I'll eat my hat.

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They don't call the IRS for you - instead they use an automated system that navigates the IRS phone tree and holds your place in line. When they finally reach a human agent, their system calls you and connects you directly to that agent. It's all automated with their technology. I was definitely skeptical too! I had been trying for weeks, calling at different times of day with no luck. With Claimyr, I put in my request around 8am, went about my day, and got a call around 10:30am saying "You're being connected to an IRS agent now." It was shocking how simple it was after all my failed attempts. The agent was able to tell me exactly what was happening with our ITIN application and what additional documentation we needed to provide.

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I have to publicly eat my words (and my hat). After seeing the post about Claimyr, I tried it yesterday out of desperation. After THREE MONTHS of never getting through about my ITIN application, I got a call back in about 45 minutes and was connected to an actual human at the IRS. Turns out my ITIN application had been held up because they couldn't read part of my passport copy (seriously??). The agent told me exactly what I needed to resubmit, and I would have NEVER known this without getting through. Just got the corrected documents submitted today. If you're dealing with ITIN issues, being able to actually talk to someone makes all the difference.

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Another option is to look into Volunteer Income Tax Assistance (VITA) programs that specialize in international students/scholars. Many universities with international programs have VITA volunteers specifically trained in NRA tax situations. They can prepare your return for free if your income is under $58,000.

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Are VITA volunteers actually trained on NRA issues though? When I went to one last year they seemed confused by my J1 status and treaty benefits.

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It really depends on the location. University-based VITA sites often have special training for international student tax issues, while community VITA sites typically don't. Look specifically for a VITA site that advertises expertise with international students/scholars. The IRS does offer specialized training for VITA volunteers on NRA tax issues, but not all volunteers complete it. Call ahead and specifically ask if they have volunteers certified in the "Foreign Student and Scholar" module. If they don't know what you're talking about, that's your sign to find a different site!

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Just a tip from my experience - if you file as "Married Filing Separately" without getting an ITIN for your spouse this year, but later decide you want to amend to "Married Filing Jointly" after getting their ITIN, you CAN do this! You have 3 years from the original filing deadline to file an amended return.

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This is super helpful! Do you know if amending from MFS to MFJ is complicated? Did you use a professional or did you do it yourself?

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I was in almost the exact same situation two years ago - J1 visa with a J2 spouse who had no SSN or ITIN and zero income. Here's what I learned: The key decision is whether the potential tax savings from filing jointly justify the hassle of getting an ITIN for your spouse. Since you mentioned having just one W2, if your income is relatively modest, the difference between the MFS standard deduction ($13,850) and MFJ standard deduction ($27,700) could save you significant money. However, getting an ITIN can take 6-11 weeks during tax season, and you'd need to mail your original passport or certified copies along with Form W-7. If you're not comfortable mailing your passport, you can visit an IRS Taxpayer Assistance Center, but appointments are hard to get. For your first year, I'd honestly recommend starting with MFS to get your return filed on time, then consider getting the ITIN for next year when you have more time to plan. You can always amend later if the tax savings are worth it, but at least you won't miss any deadlines while waiting for ITIN processing. Also, make sure you're claiming any applicable tax treaty benefits - many J1 visa holders from certain countries can exempt part of their income for the first few years.

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This is really comprehensive advice, thank you! I'm leaning towards the MFS route for this year since I'm already cutting it close on timing. Quick question - when you mention tax treaty benefits, how do I know if I qualify? I'm from the UK on a J1 visa. Is there a specific form I need to fill out or does it automatically apply when I indicate my visa status?

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