GreenMountain85
Returning Member

Non-resident alien spouse- Do I file as single?

Hi, I hope this is the right section to ask this question...

I got married this year. My spouse is a non-resident alien and does not have an ITIN yet. We have 3 children and I am solely responsible for all of our expenses, etc.

 

According to the IRS website "If you are a U.S. citizen married to a nonresident alien, you may qualify to use the head of household tax rates. 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. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household."

 

So, I am taking this to mean that I can file as HOH. However... do I file as single since I am considered unmarried? Or do I file married-separately and is there a section where I can explain the situation? I tried to call the IRS help line and was directed to the website into that I referred to above. I feel like it's not a complicated situation- I just need to know which way to file! Thanks for any help.