How do you if you have income file taxes after marrying a non-US citizen who is here on a student visa who has no income to report?

In theory the non citizen spouse is not required to file a return, but the other spouse as a citizen has only two choices: either married filing joint or married filing separate.

Most likely you will probably want to file jointly so that you can claim your spouse's exemption amount as well as being able to claim some credits which are denied to couples filing separately. The income limitations for couples filing separately are usually halved therefore this is an additional incentive to file jointly.

In order for a noncitizen to be included on a tax return they must have a valid tax ID number. This would be a valid SS# for employment or they will have to request a tax ID number from the IRS for income tax filing purposes only.

Check IRS website: irs.gov for additional information.

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