What are my tax filing options as an abandoned spouse with a non-resident alien partner?

You're in a tough spot, but you do have some options. The IRS has specific rules for situations like yours. For Married Filing Jointly (MFJ), you technically need an ITIN for your non-resident alien spouse. However, there's a workaround - you can file Form W-7 (Application for IRS Individual Taxpayer Identification Number) together with your tax return to request an ITIN for your spouse. You'd need some identifying documentation for them though, like a copy of their passport. Another option is to look into whether you qualify for "Considered Unmarried" status, which might let you file as Head of Household (HH). If you have a qualifying dependent (not necessarily your spouse) and paid more than half the cost of keeping up your home where you and that dependent lived for more than half the year, you might qualify. There's also something called "Abandoned Spouse Rule" which might apply in your case, letting you file as HH even though you're technically married.

After reading your situation, I had a similar experience and wanted to share what helped me. I was struggling with complex tax documentation when my spouse returned to their home country (different reason than yours, but similar tax complications). I found a service called taxr.ai (https://taxr.ai) that was a lifesaver for my situation. They specialize in analyzing complex tax situations and documents, especially for unusual filing statuses. They helped me understand what documentation I needed and all my filing options as someone with a non-resident alien spouse. In my case, they helped me prepare the necessary documentation to apply for an ITIN for my absent spouse, which allowed me to file MFJ and saved me thousands. Not saying it'll work exactly the same for you since everyone's situation is different, but might be worth checking out.

I actually took the advice about taxr.ai from the thread above and wanted to update everyone. I was skeptical at first since my situation seemed so complicated (non-citizen spouse who left, no ITIN, couldn't file jointly). The service analyzed my tax documents and previous returns and found that I qualified for a special provision I had no idea about. They helped me put together all the paperwork to file for an ITIN for my absent spouse using the documentation I had available. It turned out I had enough of my husband's information from our previous immigration paperwork to complete the process. I saved almost $4,200 by being able to file MFJ instead of MFS, and they helped me document everything properly so I won't have issues if I get audited. Just wanted to share since I was in a similar abandoned spouse situation and this really helped me navigate the complex tax rules.

I see you've gotten some tax advice already, but I wanted to mention something else that might help with the bigger picture. When I was going through a similar situation (spouse left the country, couldn't serve divorce papers), the biggest headache was trying to reach anyone at the IRS to get specific guidance about my situation. I spent WEEKS trying to call the IRS but could never get through. Then someone recommended Claimyr (https://claimyr.com) to me. They have this service that basically connects you with an actual IRS agent without the endless waiting and busy signals. You can see how it works here: https://youtu.be/_kiP6q8DX5c For my situation, I really needed to talk to a human at the IRS who could look at my specific case details and give me authoritative guidance. Once I actually got through to an agent, they helped me understand exactly what forms I needed to file for my abandoned spouse situation and what documentation would be accepted.

I need to eat some crow here. After I posted that skeptical comment about Claimyr, I was so desperate with my tax situation that I decided to try it anyway. I've literally been trying to reach someone at the IRS about my abandoned spouse situation for months with no luck. Used Claimyr yesterday, and got connected to an IRS agent this morning. The agent spent almost 30 minutes walking me through my options as someone with a spouse who left the country without an ITIN. Turns out I CAN file with an ITIN application attached to my return using what documentation I have (old visa application copies), and the agent gave me specific guidance on what to include with my filing to explain my situation. Just wanted to follow up since I was so publicly skeptical. Sometimes things that sound too good to be true actually work.

Have you looked into Innocent Spouse Relief? It might not apply exactly to your situation since it's usually for when a spouse made errors or omissions on a joint return, but worth investigating. The IRS has Form 8857 for requesting this. Also, just curious - did your spouse ever file for any kind of visa or green card when you got married? If so, that paperwork might have enough identifying info that you could use for the ITIN application without needing new documents from them.

Just to add another perspective - if you can't get the ITIN situation figured out, there are still ways to minimize the tax hit from filing MFS. Make sure you're maximizing all available deductions and credits that you're eligible for under MFS status. Look into whether you qualify for the Saver's Credit, education credits if applicable, or if you have any business expenses that could be deducted. Sometimes the difference between MFJ and MFS can be reduced significantly through careful planning.