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adhoward14
New Member

If my husband is going through immigration process an I am head of household how do I claim him on my taxes?

 
3 Replies
Vanessa A
Employee Tax Expert

If my husband is going through immigration process an I am head of household how do I claim him on my taxes?

Does he live with you?

Is he in this country now? 

Does he have an ITIN? 

Does he have a visa?

Do you have dependents that live with you in your house that you support?  

jordanmoses972
New Member

If my husband is going through immigration process an I am head of household how do I claim him on my taxes?

HI! My husband lives with me, he is here on a visa and we are in progress with his green card application. I am currently the head of household. How am I able to claim him on our taxes? We have no children together.

KarenM90
Level 11

If my husband is going through immigration process an I am head of household how do I claim him on my taxes?

 In order for your spouse to be on your tax return, he will need to apply for a TIN No.  (or an ITIN)  Please see this link under the heading "How do I get a TIN", about halfway down the page:  How to Apply for a TIN or ITIN.

 

 

In regard to your husband's tax status:  

In general, resident aliens are taxed just like U.S. citizens. You would list a resident-alien spouse on your return and provide his or her Social Security number (SSN). If your spouse is not eligible for a Social Security number, he or she will need to apply for an Individual Taxpayer Identification Number (ITIN) from the IRS.

If your spouse is a nonresident alien, you have two options:

  • Treat your spouse as a resident alien for tax purposes. If you choose this option, you can file a joint tax return with your spouse and have an increased standard deduction. You increase your standard deduction, but all your spouse's worldwide income will be taxed by the United States.
  • Treat your spouse as a nonresident alien for tax purposes. If you choose this option, you cannot file a joint tax return. You must file with a status of "married filing separately." If your spouse has no income from U.S. sources and cannot be claimed as a dependent on anyone else's tax return, you will likely be eligible to claim your spouse as a dependent on your return.


Please see these Help Articles for more details:  Claiming Non Resident Spouse on Your Taxes    Tax Tips for Resident and Non Resident Aliens

 

@jordanmoses972 

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