Hello Christine_1984. thanks for participating in our event today. This is a good question.
- Unfortunately, in the US it is never possible to claim a spouse as a dependent, regardless of income. Your only options are married filing separately, or married filing jointly.
- As a visa holder you may have a choice of how to file. More information about your time in the US would be needed to say for sure.
- If you pass the substantial presence test, then you would file a 1040 return like any US resident. You and your spouse would decide whether to file a joint or separate return.
- If you do not pass the substantial presence test, then you would be considered a nonresident, and would file a 1040-NR return. These can't be done on Turbotax, but you can get help from our partner Sprintax. Your spouse would file a 1040 return, most likely as married filing separately. With no income, he would not qualify for head of household status.
- However, even if you are not a resident, because you are married, there is one other option available to you. Your spouse, as a US citizen, can choose to consider you 'resident for tax purposes' so that you can file a joint 1040 return.
- The majority of the time, it is more beneficial for married couples to file joint returns. Many tax credits are not available for married filing separately status. However, there are exceptions. For example, if your spouse has minimal income but is eligible for a significant amount of itemized deductions, it may work out in your favor to file separately. It would depend on your specific circumstances. You can either speak with a tax expert to get more detailed assistance, or simply use Turbotax to explore the tax outcome of both options.
When it comes time to do your taxes, Turbotax experts are always here to help you with your questions and concerns. Don't hesitate to reach out for assistance.
