Married to non resident can I file head of household?

[JESSICACARREON55]

I am married to a non resident who has an ITIN.  I am a US citizen. Can I file head of house hold?  If so, would my spouse file single?

[JESSICACARREON55]

Will Turbo Tax help me with not getting the EITC? My Spouse does have US source of income.  If he files a return using his ITIN, would he just be single status? Seems like a lot of work and probably easier to just file married filling joint.

[bine22]

How long has your spouse be in the US? On what visa?

[bwa · Accepted solution]

can I file head of household?

You can claim Head of Household tax rates if your spouse at any time during the year was a non-resident alien. There are some additional provisions:

• You must not choose to have your non-resident alien spouse treated for tax purposes as a resident alien.
• You need a qualifying dependent living with you such as your child. The qualifying dependent cannot be your spouse.
• You cannot claim the Earned Income Tax Credit as you are still considered married for EITC purposes and are not filing a joint return.

See https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---H...

If so, would my spouse file single?

If your spouse is a non-resident alien with no US source income, he would not be required to file a US return.

[JESSICACARREON55]

Will Turbo Tax help me with not getting the EITC? My Spouse does have US source of income.  If he files a return using his ITIN, would he just be single status? Seems like a lot of work and probably easier to just file married filling joint.