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This answer was rated:

Wife living in foreign country and do not have any income whereas

my son is living with me...
Wife living in foreign country and do not have any income whereas my son is living with
me in usa, what is my filing status. hh or mfj..................?
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Answered in 2 minutes by:
10/27/2013
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,192
Experience: 15years with H & R Block. Divisional leader, Instructor
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Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
If your spouse does not live with you then you have the choice of Married filing separate or head of household. You can choose to file joint. Since your wife does not have income then your tax would not be higher and you would be using your spouse's exemption too.

Robin D. :

You did not say if your spouse is a US citizen. Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. So if you are a resident alien or citizen then filing joint may be better.

Robin D. :

My goal is to give you excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic request me again.

Customer:

She is a us citizen but not living in the country.

Customer:

What happens if the spouse is a resident alien and still not living in the country.

Robin D. :

The options would not change.

Customer:

So we cannot use the MFJ status

Robin D. :

Yes, the MFJ is an option as long as both wish to file joint

Customer:

my question is on the physical presence requirement

Customer:

any specific no of days she has to be in the states to qualify for the mfj status

Robin D. :

If one is a citizen or resident then joint is allowed even if the other spouse is not in the US

Customer:

ok

Customer:

thanks

Customer:

appreciate it

Robin D. :

days in the US are for residency but that is overlooked as long as one is a citizen or resident

Robin D. :

You are most welcome.
Your positive rating is always thanks enough

Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,192
Experience: 15years with H & R Block. Divisional leader, Instructor
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Category: Tax
Satisfied Customers: 16,192
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Experience: 15years with H & R Block. Divisional leader, Instructor

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