pk
Level 15
Level 15

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@fma2022 , while @Vanessa A  reply was generally  responding to the question you asked --- can your husband  ( a Valid Green Card holder ) file as  Married Filing Separate --  is correct  but it did not go far enough because it did not offer another choice that your husband has.   

As a US person ( Citizen/Green Card ) living in another country along with a child  related by blood or adopted, for whom your husband  maintains a home  and pays  more than 1/2 of his/her living expenses , he can claim Head of Household  filing status.  This offers him a more tax benign  situation  ( higher standard  deduction ) and also allows for child credit etc.

Note we all keep repeating a statement  --" with valid Green Card".  This is because  to keep one's Green Card valid  while one is abroad,  (a) one must return / touch  US soil at least once every 1 year or (b) get permission from INS to stay away for  Three Years.  In my time I applied before leaving the US shores  but it is possible to go to the local US embassy/consulate   ( in Shanghai ) and this cleared up-- else when he comes back to USA he will need a new visa  ( he would be deemed to have abandoned his  permanent residency).   I hope you were aware of this  and has taken care of this.  

In some very specific situations / countries one spouse  whom maintains a household and a Non-Resident Alien lives therein, the spouse can be a dependent -only for exemption purposes  ( which is currently zero  through 2025 ).

 Does that clear up all your issues  or is there more I can help you with?

Also note that this probably also answers  a similar question from Feng ( assume that is your spouse ).

 

pk

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