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Posted

hey all...require some advice... my USC spouse and I are in a twist as to how to file his taxes.. he wants to file them as 'head of household' as he normally does before we met and claim me as a dependent. I would rather he file as 'married filing jointly'.. now I have no clue about tax returns but i gather the return is different depending on the way one files it...so need an understanding as to which way to proceed

Filed: Citizen (apr) Country: Poland
Timeline
Posted

hey all...require some advice... my USC spouse and I are in a twist as to how to file his taxes.. he wants to file them as 'head of household' as he normally does before we met and claim me as a dependent. I would rather he file as 'married filing jointly'.. now I have no clue about tax returns but i gather the return is different depending on the way one files it...so need an understanding as to which way to proceed

https://turbotax.intuit.com/tax-tools/tax-tips/General-Tax-Tips/Guide-to-Filing-Taxes-as-Head-of-Household/INF23153.html

Posted

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Posted

A spouse can never be a dependent.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

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Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

If you are married, the choice is between married filing jointly and married filing separately.

However, this is the tax return for 2014. If you didn't get married until 2015, then he should file as single. Please fill in your timeline to help.

Filed: Timeline
Posted

As noted above, a spouse is never a dependent for tax purpose, but you can claim an exemption for your spouse if you file 'married joint'. If your status on December 31st was 'married' then your only viable filing options are 'married joint' or 'married separate' for that tax year. The dependents claimed when he filed as 'head of household' should still be viable as long as they continue to meet the criteria for being a dependent. 'married joint' most often results in a favorable tax position for the tax payer.

Filed: Timeline
Posted

hey all...require some advice... my USC spouse and I are in a twist as to how to file his taxes.. he wants to file them as 'head of household' as he normally does before we met and claim me as a dependent. I would rather he file as 'married filing jointly'.. now I have no clue about tax returns but i gather the return is different depending on the way one files it...so need an understanding as to which way to proceed

Filed: Timeline
Posted (edited)

hey all...require some advice... my USC spouse and I are in a twist as to how to file his taxes.. he wants to file them as 'head of household' as he normally does before we met and claim me as a dependent. I would rather he file as 'married filing jointly'.. now I have no clue about tax returns but i gather the return is different depending on the way one files it...so need an understanding as to which way to proceed

Nonresident alien spouse. You are considered unmarried for head of household purposes 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. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

source: Publication 501 (2014)

http://www.irs.gov/publications/p501/ar02.html#en_US_2014_publink1000220721

Edited by mesnuggles30
 
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