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Filing Federal Taxes - how to reflect that your husband is awaiting US Visa?

By sba.rsa in General Immigration-Related Discussion

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Just read this on the IRS website...http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Head-of-Household

If your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien, then you are treated as unmarried for head of household purposes. You must have another qualifying relative and meet the other tests to be eligible to file as head of household.

So, can this be interepreted that I can file single? NO. My spouse has never resided in the U.S. during 2012.

Thank you for your input!

No. Read the sentence again. It does not say anything about being single. It said that the person is MARRIED AND HAVE A NONRESIDENT SPOUSE can file as head of household if there are eligible dependents. It doesn't say anything about treating this person as single. It is just a special niche for those in a unique situation. It treats the MARRIED person with a NON-RESIDENT SPOUSE with ELIGIBLE DEPENDENTS as HEAD OF HOUSEHOLD. Nothing about being single.

Edited by aaron2020
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Margotrita Apprentice

Margotrita   0

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Filed: IR-1/CR-1 Visa Country: Canada
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No. Read the sentence again. It does not say anything about being single. It said that the person is MARRIED AND HAVE A NONRESIDENT SPOUSE can file as head of household if there are eligible dependents. It doesn't say anything about treating this person as single. It is just a special niche for those in a unique situation. It treats the MARRIED person with a NON-RESIDENT SPOUSE with ELIGIBLE DEPENDENTS as HEAD OF HOUSEHOLD. Nothing about being single.

Got it. I think :) So I will file as head of household, since I have a non-resident spouse and eligible dependents.

Thank you!

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