TAXES

[Aurelius 1]

Hi guys, my wife and i was told to file head of household on our taxes, is this against the law, and what consequence will it have with our immigration papers. I mailed in the affidative of support for my stepson's AOS will this pose a problem. thanks for your help.

[CairoBound 0]

No - you haven't been screwed. My accountant did the same thing. I had H&R Block do mine and it's the way it has to be if you were married and haven't spent much time together, etc. Don't panic.

[Aurelius 1]

my wife and i have been married for 10 years now, as we have been filing married but seperately. So i was really freaked when i notice on this years taxes he file both my wife and mine head of household.

Do you still think it will not be a problem, and thank you for your help so far.

[1HappyGuy 45]

You aren't real clear on who you claimed as your dependent for head of household. Are you referring to the stepson from your fiancee or claiming her as your dependent?

[Aurelius 1]

ok, i'll try to clear it up. i filed for my biology daughter on my taxes, filed head of household...but i'm married. I'm sponsoring my wife son's, so i just notice that the taxes i mail in with his support of affidative for immigration doesn't state that i'm married to his mom, and that we filed together. On her taxes, she was told to filed head of household, she didn't claim anyone, and i didn't claim she.

[1HappyGuy 45]

To claim a dependent, they generally have to be under the age of 19, have less than $3,300 in income, satisfy a relationship test (like son, daughter, stepson, etc.) and must have lived with you for over 1/2 of the year.

If your spouse is not currently living in the U.S. then you can qualify as head of household if your daughter fulfills the requirements of a dependent.

If your wife is in the U.S., then you should qualify as married and able to claim filing jointly, which is much better than head of household.

If the purpose of the question is concerning your income for sponsoring your wife's son, then it is the income you earn and the number of dependents you provide for that are the key factors. Your filing status doesn't matter except for what you might pay in taxes.