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Can I file my taxes as head as household? Non resident alien wife unwilling to sign joint returns.

New York, NY |

My wife left the States after living few months with me. I paid for entire household expenses. I am considered unmarried for tax purposes by IRS as my wife is non resident alien for 2012. Do I need a qualifying person other than my wife even if she is a non-resident alien, for me to be eligible for filing head of household? If I need to have a qualifying dependent, can I claim my parents living in Europe as I paid for their living there (they are not here in our country in 2012)- but they do not have any SSN or ITIN?

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Attorney answers 3


This is not an immigration quesiton, though I would take a guess you can.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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.


Head of household status requires that you provide the majority of support for another "dependent" person. Your parents living in Europe do not qualify since they are not US residents living with you. Your wife is not a "qualifying" dependent.

You have to file as single status.

Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

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