Question

Do I have to claim my non-resident spouse?

Forum|Forum|7 years ago
June 1, 2019
1 reply
0 views

My husband is a non-resident alien and we have two children. I want to claim head of household and not even file him on my taxes. Can I do that?

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TaxGuyBill

Employee

No, you don't need to add your Nonresident Alien husband. Yes, you can file as Head of Household.

However, are you sure he is considered a Nonresident Alien for tax purposes? A Resident for tax purposes is different than a Resident for immigration purposes. If you are not sure, please post back with details about his visa (if any) and the exact dates he has been in the US for the last 6 years.

If he is a Nonresident Alien, you need to 'trick' TurboTax to do it. You can say you were married but did not live with your spouse for the last 6 months of the year.

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TaxGuyBill

Employee

Edited my response to clarify my first sentence to say "No, you don't need to add your Nonresident Alien husband. Yes, you can file as Head of Household."