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

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. Best answer

    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 constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com


  2. 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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. 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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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