Filling taxes as Head of household

[Yleana 1]

Hello, I have been filling my taxes as a head of household and I’m married. I’m very concerned if this is going to be a problem . I have my interview next month based in 5 years rule.

somebody in the same situation? 

[geowrian 22,337]

No issue at all. Filing status is not an immigration issue, it's an IRS one (and is not an issue with them if you qualify for HOH which you can do while married).

Edit: Are you filing under the 3 year rule or 5 year rule? If 3 year rule, it might raise a question about why you don't live with your spouse.

Edited October 26, 2019 by geowrian

[Yleana 1]

No,  I’m applying based in 5 years. But we live together. But I have dependents . 

[geowrian 22,337]

18 minutes ago, Yleana said:

No,  I’m applying based in 5 years. But we live together. But I have dependents . 

Then no immigration issue.

 

For the IRS perspective...how you qualify for HOH is a mystery as you must be "considered unmarried" which includes not living with your spouse at any point within the last 6 months of the tax year: https://turbotax.intuit.com/tax-tips/family/guide-to-filing-taxes-as-head-of-household/L4Nx6DYu9

Quote

• You file a separate return
• You paid more than half of the cost of keeping up your home for the tax year
• You spouse did not live in the home during the last 6 months of the tax year
• Your home was the main home for the qualifying person for at least 6 months of the tax year
• You must be able to claim the child as a dependent