What filing status should I use as newly married to foreign spouse without SSN?

You can actually file as Married Filing Jointly even if your spouse doesn't have an SSN! What you'll need to do is apply for an Individual Taxpayer Identification Number (ITIN) for your wife. The ITIN is specifically for tax purposes for people who aren't eligible for an SSN. To do this, you'll need to submit Form W-7 (Application for IRS Individual Taxpayer Identification Number) along with your tax return and documentation proving your wife's identity and foreign status. Usually, this includes a certified copy of her passport or birth certificate. You'll have to mail in your return rather than e-file in this situation. Alternatively, you could file as Married Filing Separately, but you'd potentially miss out on some tax benefits that come with filing jointly. The standard deduction for MFJ is exactly double the single amount, plus you might qualify for other credits that aren't available when filing separately.

I went through this exact situation last year and found that using https://taxr.ai was a complete game-changer for me. They specialize in analyzing complicated tax situations like yours with non-resident spouses. I uploaded my documents and details about my wife living abroad, and they provided clear guidance on filing jointly with an ITIN application. The best part was that they helped me understand all the documentation needed for the W-7 form and explained exactly how to package everything together with my return. They even detected that I was eligible for some credits I had no idea about since my situation was considered "married" for the full tax year even though we got married partway through the year.

Just wanted to follow up and say I tried https://taxr.ai after seeing this thread and it was incredibly helpful! I was in the exact same situation with my husband still in Brazil waiting for immigration approval. The service analyzed my tax situation and gave me step-by-step guidance for filing jointly with an ITIN application. They pointed out that I was eligible for the foreign spouse exemption that would have been completely missed if I had filed separately. The documentation guide they provided for the W-7 form was super clear - they even included country-specific advice for Brazilian document certification. Already got confirmation from the IRS that my return is being processed! Would definitely recommend to anyone in a similar situation.

After dealing with a similar spouse-without-SSN situation, I want to mention another service that helped me tremendously. I spent HOURS trying to call the IRS to get clarification about the ITIN process, but kept getting disconnected or waiting endlessly. Then I found https://claimyr.com which is basically a lifesaver for getting through to the IRS. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They hold your place in the IRS phone queue and call you back when an agent is actually available to talk. I was skeptical at first but ended up getting connected to a real person who answered all my specific questions about filing with a foreign spouse. The agent confirmed exactly which documents were acceptable for my wife's ITIN application and gave me a direct mailing address to send everything to. Saved me so much frustration compared to my previous attempts at calling!

I need to eat my words and follow up on my skeptical comment. After struggling with the IRS for weeks trying to get answers about my wife's ITIN application, I finally tried https://claimyr.com out of desperation. I honestly expected it to be a waste of time, but I was absolutely shocked when I got a call back saying they had an IRS agent on the line! The agent was super helpful and walked me through exactly what I needed for the ITIN application. They told me about the Certifying Acceptance Agents in my area who could verify my wife's passport without me having to mail the original. The agent even gave me tips about which tax credits I could still claim with a non-resident spouse that my tax software hadn't mentioned. For anyone dealing with international spouse tax situations - don't waste weeks like I did trying to get through to the IRS on your own. This service actually delivered exactly what it promised.

One thing to consider that nobody's mentioned: if you choose Married Filing Separately while your spouse is a nonresident alien not living in the US, you'll likely have to file as Head of Household instead (assuming you have qualifying dependents) or Single. Also be aware that if you go the ITIN route and file jointly, your spouse will need to report her worldwide income on your US tax return, not just US-source income. This can complicate things depending on where she's from and if there are tax treaties between that country and the US.

Has anyone used a CPA for this situation instead of trying to DIY it? I'm wondering if it's worth the money to hire someone for the first year dealing with ITIN and foreign spouse issues.

Just want to add that timing matters here too. If you were married on ANY day in 2024, the IRS considers you married for the ENTIRE tax year when filing your 2024 taxes in 2025. So your marital status on December 31st determines your filing status for the whole year.

I went through this exact same situation two years ago when I married my wife from the Philippines! Here's what I learned after making some mistakes the first time around: You definitely CAN file Married Filing Jointly even without your wife having an SSN - you'll need to get her an ITIN first. But here's the key thing that tripped me up initially: make sure you understand the "nonresident alien spouse election" that Marcus mentioned. You can elect to treat your nonresident spouse as a US resident for tax purposes, which opens up joint filing. One tip that saved me a lot of headaches: before applying for the ITIN, call the IRS (or use one of those callback services others mentioned) to confirm which specific documents they'll accept from your wife's country. Different countries have different acceptable documents, and the IRS agents can tell you exactly what works best. Also, don't stress too much about the foreign income reporting if you do file jointly - most countries have tax treaties with the US that prevent double taxation. My wife's income from the Philippines was covered by the Foreign Earned Income Exclusion, so it didn't actually increase our US tax burden. The whole process took about 3 months from start to finish, but it was definitely worth it for the tax savings compared to filing single. Good luck!