Taxes in the US as a Non-Citizen Spouse

Even if you're in the US on a temporary visa, you might still have tax obligations. Here's a summary to help you navigate:

General Rule: Regardless of your visa status, you generally need to file a US tax return if you earn income in the US. This includes wages, self-employment income, rental income, and other forms of income.

Key Points to Consider:

  • Tax Residency: Your tax obligations depend on your tax residency status, determined by the substantial presence test or other factors.

  • Tax Treaties: Check if a tax treaty exists between the US and your home country, as this may affect your tax liability.

  • Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN): You need either an SSN or ITIN to file taxes. Apply for an ITIN if you don't have an SSN.

  • Joint Filing: If your husband is a US citizen or permanent resident, consider filing taxes jointly, which could impact your tax liability.

  • Seek Professional Help: Tax laws are complex, so consult a tax professional or accountant to ensure proper compliance.

  • Immigration and Taxes are Separate: While your husband's immigration petition is important, tax compliance is unrelated and crucial.

Important Reminders:

  • Stay updated on changes in tax laws and regulations.

  • Failing to comply with tax obligations can have legal and immigration consequences.

  • Consider seeking guidance from both a tax professional and potentially an immigration attorney to ensure you fulfill all relevant requirements.

Remember, this information is for general guidance only. Consulting with qualified professionals is crucial for personalized advice based on your specific circumstances.