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?
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.
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.
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