2023 Head of Household Federal vs State

[Mia7580]

My husband is a nonresident alien. He came to visit me during the period May - Sep.2023. I was recommended to file with Head of Household by Turbotax. But at the state review (California), I was told to change the federal filing status to either "married filing jointly" or "married filing separately", as a result I was not able to do the final Transmission. How to fix this?  Thanks!!!

[Mike9241]

your husband can never be a dependent. with no dependents you can not file as head of household

see this IRS guide

https://www.irs.gov/newsroom/international-taxpayers-filing-status-if-married-to-a-nonresident-alien... 

In order to qualify for head of household status, you must have paid more than 1/2 the cost of keeping up your home for the year. In addition, a qualifying person (first reason HOH can't be used is as stated your husband is not a qualifying person) must have lived in your home for more than 1/2 the year (second reason  HOH can't be used is that your husband was only present at most for 5 months).

your choices are married filing separately or married filing jointly.

joint requires you to include his income for the entire year in the return. you would also need to get a TIN for him if he doesn't already have one. 

[Mia7580]

Thanks Mike9241. I should have provided more information. I have two children (full time students under 24 yr old) living with me. They are residents and qualified depends. I paid >50% household expenses. Your reply reminded me to check 2023 IRS Publication 501 again. Maybe for my case,  "Considered Unmarried" is more fit.