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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7067
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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If my husband isnt from this country should I leave my status

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If my husband isn't from this country should I leave my status as single on the w-2 and when filing my state and federal taxes?

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.


 

Stephen E. Grizey :

No. Unfortunately you can't do that. You have two options & possibly a third.


 

Customer:

...and they are?

Stephen E. Grizey :

1. You can file a joint return with your husband and elect to treat him as a resident alien. This would require inclusion of his worldwide income (& yours) in the return. If he has substantial income outside of the USA, this probably won't be to your advantage.


 

Stephen E. Grizey :

2. This is the most likely way you have to file. You can use the Married Filing Separately filing status and include only your worldwide income in the return.


 

Customer:

and the possible 3rd way?


 

Stephen E. Grizey :

3. It is possible that you may qualify for Head of Household filing status;


 

Stephen E. Grizey :

To file as head of household you must be considered unmarried. According to the IRS, 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 spouse as a resident for U.S. income tax purposes.


To qualify to file as head of household, you must have paid more than half the cost of keeping up a home for the year. And you must have a qualifying person living with you for more than half the year. Your spouse is not a qualifying person for head of household purposes. You would need to have another qualifying person, who could be a child or other relative.


 

Customer:

As head of household, would I have to include and coordinate his income with mine?


 

Stephen E. Grizey :

No. His income would not be included under Head of Household filing status.


 

Stephen E. Grizey :

Questions?


 

Customer:

About a thousand, but this has pointed me in the right direction to research.


 


How can I print this off?


 

Stephen E. Grizey :

You can block it off (highlight it) & then use "control P" or right click to get to the print option.


 

Customer:

Got it. Thanks for the help.

Stephen E. Grizey :

Also, you can come back here & find this question/answer under your account anytime you want 24/7


 

Stephen G. and 3 other Tax Specialists are ready to help you