This article is for information only and is not tax advice.
What is a filing status?
Filing status is a category that depends on your marital status. It affects your tax rates, the deductions and credits that you can claim, and the form that you file. The IRS decides your marital status on the last day of the tax year.
Which filing statuses can a nonresident alien use?
The following table shows the filing status that applies to a nonresident alien who files Form 1040-NR.
| Your marital status as of December 31, 2026 | Filing status on Form 1040-NR |
|---|---|
| Unmarried, including legally divorced or legally separated | Single |
| Married, including married and living apart from your spouse | Married filing separately |
Can a nonresident alien file as married filing jointly?
No. A nonresident alien who files Form 1040-NR cannot use the married filing jointly status. A nonresident alien cannot use the head of household status either.
If you are married, select married filing separately, even if you are not separated from your spouse. Sprintax does this for you from your answer about your marital status.
Is there an exception for a spouse who is a US citizen or US resident?
Only in certain cases. The IRS allows a married couple to choose to treat the nonresident spouse as a US resident for tax purposes. The other spouse must be a US citizen or a US resident alien. With this choice, the couple can file a joint return on Form 1040.
The choice has consequences. The IRS then taxes the nonresident spouse on income from all over the world for the whole year. Discuss the choice with a tax professional before you make it.
Sprintax Returns cannot prepare a joint return. Sprintax is for nonresident aliens who file Form 1040-NR.
What if my spouse is also a nonresident alien?
Each spouse files a separate Form 1040-NR with the married filing separately status. The IRS does not combine your income with the income of your spouse on one return.
Why does my filing status matter in Sprintax?
Your filing status decides whether some deductions and credits apply to you. The following examples show the effect.
| Item | Effect of the married filing separately status |
|---|---|
| Student loan interest deduction | You cannot claim the deduction. |
| Qualified tips and qualified overtime deductions | The IRS requires married taxpayers to file a joint return to claim these deductions. A married nonresident alien generally cannot claim them. |
Can I change the filing status in Sprintax?
No. Your filing status follows from your marital status on the last day of the tax year. Check your answer to the question "Were you married on the last day of the tax year?" in Sprintax Returns. If the answer is wrong, correct it in your account.