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    needtaxhelp475's Avatar
    needtaxhelp475 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 20, 2008, 11:40 AM
    Husband deported, does my tax status change?
    My husband was deported - I am wondering if it is still OK to keep my tax status 'Married' (jointly or separately)? We are married, but have not lived together since 2004.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #2

    Feb 23, 2008, 01:56 PM
    Yes, you should continue to file as married (joint or separate) if you are still married. If you have qualifying children living with you, you may be able to file as head of household.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
    		  
    #3

    Feb 23, 2008, 02:12 PM
    You can file as 'married - jointly.'
    needtaxhelp475's Avatar
    needtaxhelp475 Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Feb 24, 2008, 07:37 AM
    Thank you for your response with this complicated matter.
    I do have 2 qualifying children, however, isn't the potential return usually less when filing as a Head of Household? Since my original posting, I have read about the 'Abandonded Spouse' ruling. Would this exception be how I would qualify for the HOH? If I filed as HOH, is my husband completely eliminated in the filing? Thanks
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #5

    Feb 24, 2008, 07:50 AM
    Because your husband is a nonresident alien, you are treated as single for purposes of qualifying to file as head of household. HOH is typically better to file. If you file HOH and your husband has no U.S. source income, then he has no U.S. tax filing obligation.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Mar 14, 2008, 01:44 PM
    Another point: You can claim your non-resident alien husband as a dependent on your tax return in addition to your children if he has NO U.S.-sourced income.
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