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    hkswma's Avatar
    hkswma Posts: 22, Reputation: 1
    New Member
     
    #1

    Feb 2, 2010, 07:36 AM
    H1B visa holder, file as single head of household or married?
    I'm currently on an H-1B visa and spouse on H-4 therefore she doesn't have a SSN and no job.

    Is it better to have my W4 and eventually yearly tax as single, head of household? If I do this can I still enter a 1 on line C on the W-4 for spouse?

    Or the second option should I apply for a TIN and file as married filing jointly.

    Please keep in mind that we have 3 kids so I'm trying to get the best tax rate and the right one as well.

    Thanks in advance for the advice.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 3, 2010, 04:41 AM

    You are married so you are not head of household.
    For head of household you must be unmarried or did not live with your spouse for last six months of the year and have a qualifying dependent and pay more than half the cost of the household. Your U.S. Tax Return: Filing Status: Head of Household
    Five Rings's Avatar
    Five Rings Posts: 459, Reputation: 7
    Full Member
     
    #3

    Feb 3, 2010, 10:39 AM

    Where are your kids? Have they been in America for 183 days?

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