[mini09]

Hi,

I am on H1 status and my husband is on H4. We filed our taxes jointly for two last years since we got married. We just had a baby last year in November. How can I file my taxes with my husband and my son as my dependent? I am eligible for tax ememption for by baby? Can I get any empemptions?
My tax preparer suggested I file alone with my baby as my dependent and me as head of household? And my husband being on H4 is not suppose to file taxes. I am confused and need some advice as what to do?
Mini

[AtlantaTaxExpert]

Mini:

If you filed jointly the last two years, you must continue to do so until your husband either qualifies to be a resident alien on his own, i.e. he gets an H-1, H-1B or L-1 visa himself.

If you fail to file jointly this year, you lose the right to do so in future years,

Filing jointly normally produces the best results tax-wise.

Your tax preparer SHOULD know this, so he/she is either incompetent or is willing to break the law. In either case, you need to find another tax consultant.

If you need professional tax help, contact me at [email protected]

[MukatA]

You can not be head of household.
You can be head of household only if you are unmarried or lived separate from your spouse for last 6 months of the year.