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needtaxhelp475
Feb 20, 2008, 11:40 AM
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
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
Feb 23, 2008, 02:12 PM
You can file as 'married - jointly.'

needtaxhelp475
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
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
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.