@bailey-nicholas2 wrote:
We have a son she got to the usa in the middle of last year and the paperwork is taking way longer then I thought it would to get green card and ssn number turbotax software said to file head od household she doesn't have a job no green card yet and a new baby to take care of my son is the dependent.
The taxpayer can file HOH if the spouse is a non-resident alien but not if the spouse is a resident alien.
@bailey-nicholas2
You need to determine if your spouse is a resident alien or non-resident alien. She is a resident alien if she passes the substantial presence test.
https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
Assuming she did not spend any time in the US in 2022 or 2023, her status depends on exactly when she entered the US. If she entered before July 1, and therefore spent 183 or more days in the US, she is a resident alien and you can't file as HOH.
Also, even if she entered the US after July 1 and is considered a non-resident alien, you will pay less tax if you wait for the SSN so you can file as married filing jointly instead of rushing to file as HOH. Just make sure that if you don't get the SSN by April 15, you file an extension so you won't be considered "late" when you file.
