My bro-in-law is a US Citizen living abroad, married to an NRA and claiming their son as dependent (he is a US Citizen w/SSN). He's chosen to use the Head of Household filing status.
Turbotax Free File asks for marital status, and if you put "married," even if filing Head of Household, you are required to enter spouse's SSN. However, IRS claims that they view the filer in our situation as "unmarried."
(From IRS page on U.S. Citizens and Resident Aliens Abroad - Head of Household):
"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 nonresident spouse as a resident alien."
So is it possible (read: legal/allowable) to bypass Turbotax's probing question about marital status when filing Head of Household when in the situation of living abroad and being married to an NRA? Does IRS require any information at all about NRA if using this filing status? Do I need to simply input for Turbotax purposes that my bro-in-law is single??
Thank you for your guidance.
