Is it legal to file as head of household if I am married?

Asked over 1 year ago - San Bernardino, CA

Now I know that I can only file as Married Separate or jointly, but my wife is an alien non resident, we also have a 2 month old daughter. I was told by the tax consultant I can use my wife as a dependent and file as head of household. I was not aware until I researched that it might be accurate. My wife also made less that 800 for the whole year I don't like to work since it is to much a risk. She is going to college and applying for the dream act financial aid and I am not sure if me filing this way may affect her. If I did not file correctly I don't want to go spending money that is not legally mine. any advice will help.

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . This is not an immigration question.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to consult a CPA or a tax attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Theodore John Murphy

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You should ask the IRS or a tax attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  4. Dana Whitney Atchley

    Contributor Level 14

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . If your wife is a nonresident alien, then you could elect to treat her as a resident alien for the entire year and you could then file a joint return with her. You may also be able to file as head of household if you otherwise meet the requirements for head of household status. Determining whether you qualify for head of household status depends on a lot of different facts, so you really should consult with a competent local tax professional in order to determine what your best course of action is.

    My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,744 answers this week

2,965 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,744 answers this week

2,965 attorneys answering