separated but not divorced yet

[azoupime 1]

Hello everyone,

I am back again with some question.

I am separated from my husband (usc) since mid february, we are heading from a divorce and I will have to apply for roc with a waiver.

Anyway he refused to file the taxe jointly for this year and I know I have to file separatly, but the problem is my account remind me by filling married but separated I will loose all my refund (a good sum that I really need to start over)

Can I just wait until I am divorce to file and when I apply for roc explain in a note the reason why I did not file for taxe before that date.

Thanks for your answer guys....

[Visa Pro 1]

April 15 has already passed.

If your husband doesnt want to file taxes togther, you have to file married filling seprately. If you have dependent then you may qualify for Head of household, which means more refund.

Did you get extension?

Edited April 18, 2010 by Visa Pro

[Scott and Mhay 57]

well, in some cases you would actually get more money back (depending on how much you make) filing married/separate. There are some advantages sometimes. Have you actually figured your taxes this way? Yes you need to file...did you file for an extension? It is past april 15. You will not lose all your refund....I dont know what your accountant was talking about. You most likely would be taxed less filing separately vs jointly. If you have not filed for an extension...do so now!

[azoupime 1]

My accountant said no need for extension bcause I do not owe taxes...

I went online and check for EIC ( earned income credit)they said all the filling status are fine except "married file separated" and yes I have dependent my nephew who lives with me...I am a self -employee....

How do the officer at the immigration will see that?

I will call my accountant see if I can file "head of household"

Thanks.

[Scott and Mhay 57]

Yeah you might be able to file head of household. You will still have to show your spouse's SSN, but that is just so the IRS can check if he tried to claim your nephew. If you are able to file HOH, you will probably be eligable for EIC too since you have a qualifying dependent. Good luck to you.