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About shefe

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    New York

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    IR-1/CR-1 Visa
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    Vermont Service Center
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  1. Hi there,


    Hope you're still on VS even though you've completed your petitions.


    I'd like to inquire, regarding a post that you responded to regarding taxes filed as "Head of Household".


    My husband, USC has 2 dependents and since his divorce, he's always filed as head of household.

    For tax year 2016, he filed as HOH again, however we were married in July 2016 which makes him "Married".


    Given your experience, would you advise that we go ahead and submit our IRS transcript with his tax status HOH or should he make the amendments?


    Everything is ready to go, it's just the tax issue. Should we amend it or should we leave it as is and it will be accepted? Please kindly advise. Thank you so very much.





    I've done some search and came across Turbotax which explains that one is eligible to file as head of household, you must:.

    • Pay for more than half of the household expenses
    • Be considered unmarried for the tax year, and
    • You must have a qualifying child or dependent.

    But, they also explained that

    Some of these terms, such as "considered unmarried" and "qualifying child or dependent" may seem a bit confusing, but the IRS has provided a series of guidelines to help taxpayers understand whether or not they qualify to file as head of household.

    Considered unmarried

    The IRS also requires all taxpayers who file as head of household to be "considered unmarried" as of the last day of the tax year. To be considered unmarried means:

    • You have never been married
    • You are divorced or legally separated from your spouse
    • You lived away from your spouse for at least the last six months of the tax year
    • Your spouse is a nonresident alien and you have a qualifying child who lived with you for more than half of the year.

    Keep in mind that if you and your spouse lived in separate homes due to a temporary circumstance, such as military service, business trips, a stay in a medical treatment facility, or attendance at college, the IRS still considers you married for that tax year.