https://ttlc.intuit.com/community/taxes/discussion/can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1456211#M526235 <P>If I am married to a nonresident alien and choose not to treat them as a resident for tax purposes, can I file as head of household AND claim the eitc?</P> Tue, 14 Apr 2020 01:35:46 GMT ericgarcia828 2020-04-14T01:35:46Z https://ttlc.intuit.com/community/taxes/discussion/can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1456211#M526235 <P>If I am married to a nonresident alien and choose not to treat them as a resident for tax purposes, can I file as head of household AND claim the eitc?</P> Tue, 14 Apr 2020 01:35:46 GMT https://ttlc.intuit.com/community/taxes/discussion/can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1456211#M526235 ericgarcia828 2020-04-14T01:35:46Z https://ttlc.intuit.com/community/taxes/discussion/re-can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1462694#M527557 <P><a href="https://ttlc.intuit.com/community/user/viewprofilepage/user-id/1979520">@ericgarcia828</a>&nbsp;, assuming that you are a US citizen/Resident ( Green Card ) , &nbsp;your spouse is NRA, &nbsp;and you have your qualifying &nbsp;, dependent child ( children ) for whom you main a home, to claim Head-of-Household you must satisfy &nbsp;either &nbsp;(a) unmarried &nbsp;or (b) considered unmarried . &nbsp; If your spouse &nbsp;( NRA ) lived with you &nbsp;at least for the last six months of the year, then you cannot satisfy the &nbsp;"considered unmarried " clause -- spouse being NRA does &nbsp;not invalidate the marriage .</P> <P>&nbsp;</P> <P>Does this answer your query &nbsp; ( it is not you wanted to hear -- sorry ) ?</P> Tue, 14 Apr 2020 03:49:11 GMT https://ttlc.intuit.com/community/taxes/discussion/re-can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1462694#M527557 pk 2020-04-14T03:49:11Z https://ttlc.intuit.com/community/taxes/discussion/re-can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1489163#M534102 <P><SPAN>On the irs website it says:</SPAN></P><P><SPAN>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.&nbsp;</SPAN></P><P><SPAN>Where does it say I can't file as HoH?</SPAN></P> Thu, 16 Apr 2020 07:33:06 GMT https://ttlc.intuit.com/community/taxes/discussion/re-can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1489163#M534102 ericgarcia828 2020-04-16T07:33:06Z https://ttlc.intuit.com/community/taxes/discussion/re-can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1493567#M535359 <P><a href="https://ttlc.intuit.com/community/user/viewprofilepage/user-id/1979520">@ericgarcia828</a>&nbsp;, you are CORRECT &nbsp;and I am WRONG --- NRA is not a US person and as such you are considered unmarried &nbsp;- this is true for federal purposes -- you have to view the state rules &nbsp;for State purposes.</P> <P>Sorry</P> Thu, 16 Apr 2020 18:35:53 GMT https://ttlc.intuit.com/community/taxes/discussion/re-can-i-file-as-head-of-household-and-claim-the-eitc-with-qualifying-children-when-married-to-a/01/1493567#M535359 pk 2020-04-16T18:35:53Z