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nanaman95
Returning Member

how would i file?

If i were to get married to a non-us citizen, non resident and non visa holder, would i still file as head of household?? if he were a visa holder, and does not work, would i file as married? could i add him instead as a dependent? 

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1 Reply
MaryK4
Employee Tax Expert

how would i file?

If you are married, you would have to file as Married Joint or Separate.  You could file as Head of Household but ONLY if you did not live with your spouse for the last six months of the year AND you had another qualifying person.  You do NOT claim your spouse as a dependent.  You can file for an ITIN (Individual Taxpayer Identification Number) for him so that you can file the joint return.  

 

You also may be able to elect to treat your nonresident spouse as a resident alien spouse, see Nonresident Spouse Treated as a Resident.

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