Head of the house vs jointly married

[A& Everything 5]

Hi everyone

 

As in the title says filling as head of the house or jointly married in tax season for 2021 which also the spouse is overseas and has no ITIN nor SSN, and is it an issue if we filed it as HOH? And if it does what is the best way to fix that?

THANK YOU FOR ALL.

[Chancy 6,241]

35 minutes ago, Marcuszi said:

As in the title says filling as head of the house or jointly married in tax season for 2021 which also the spouse is overseas and has no ITIN nor SSN, and is it an issue if we filed it as HOH?

 

No issue, if you actually qualify for HOH filing status.  Among other criteria, you must have a qualifying dependent who is not your spouse, as spouse is not considered as a dependent for tax purposes.

 

My USC spouse filed as HOH back in 2019 as he had a dependent child (also USC).  We had no issues with IRS nor US immigration regarding that filing.  But we amended it later to MFJ to get a higher refund, after I moved to the US and got my SSN.

 

[JeanneAdil 6,554]

nothing wrong with filing HOH 

but if CO at all suspects the marriage is not bona fida ,  they may want to know why u didn't include spouse on tax returns 

that would depend on other red flag issues 

and if the CO wants to see futher evidence of a real relationship

 

i had to begin the process to start to commingle fiances as we had   a suspected big age difference 

so i applied for ITIN ,  used that to add him to bank account here in US and to put him on deed with a POA from him and on a utility bill

 

if u don't have other red flag issues,  i wouldn't worry

[A& Everything 5]

Thank you so much guys that was really helpful. 

19 hours ago, JeanneAdil said:

used that to add him to bank account here in US and to put him on deed with a POA from him and on a utility bill

Ok so I was thinking about how I could do POA from overseas also doesn't need to be both of us to be present to open a joint bank account or putting our names on it jointly? 

[JeanneAdil 6,554]

1 minute ago, Marcuszi said:

Thank you so much guys that was really helpful. 

Ok so I was thinking about how I could do POA from overseas also doesn't need to be both of us to be present to open a joint bank account or putting our names on it jointly? 

We tried to open one in Moroc when i was there but bank would not allow unless i had been permanent resident for a year and a half

 

so,  i got his POA,  filled out the tax forms for year married with the W7 to get his ITIN

used that # and POA  plus copy of his National photo ID and our marriage certificate to add him here to bank / he could not have a debit card till he came to the USA

but ITIN are used by foreigner individuals working in the US (legally) to do banking 

 

You can still get a bank account with an ITIN, or an individual taxpayer identification number.
...
ITIN: What it is and how to get one

1. Fill out the required W-7 form, available in English and Spanish.
2. Submit proof of identity, such as a passport or driver's license, along with a completed federal tax return.