If your husband does not have a social security number SSN or an Individual Taxpayer Identification Number ITIN you will not be able to file a tax return with your husband. You can file as single or if you qualify file as head of household.
To file as head of household, you must: Pay for more than half of the household expenses. Be considered unmarried for the tax year, and you must have a qualifying child or dependent.
A Qualifying Child is a child who meets the six IRS requirements to be a dependent for tax purposes.
* Relationship – must be the taxpayer’s child or stepchild (by blood or adoption), foster child, sibling or step-sibling, or a descendant of any of these.
* Age – on Dec 31st, must be under the age of 19, or the age of 24 if a full-time student, or regardless of age, be permanently and totally disabled.
* Residence – the child must have lived with the taxpayer for more than 6 months of the tax year. Exceptions are made the children of separated or divorced parents. If a child was born or died during the year, they are considered to have lived with you the entire year.
* Support – refers to the child’s income, which must not have provided more than half of the child’s support for the tax year
* Joint Return – the child cannot file a joint return unless the return is filed only to claim a refund of withholdings
* Citizenship – the child must be a US citizen, US resident alien, and the child must have an SSN by the date the return is filed.
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