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Danie2716 · #1 03-12-2009, 08:53 PM

Ok, so im about to file my taxes and im unsure of how to file. My husband was deported in March of last year and therefore is no longer a citizen/resident of the US however I am. I am considering filing married filing joint because I will get a bigger return that way since I will appear as the sole earner for the household. I am concerned that this may be illegal or something like that because how can a deportee file taxes? Although, he was in the U.S. for almost 4 out of 12 months last year so maybe he should be filing taxes. I am super confused and am hoping that someone out there has some advice or experience with a similar situation. Thanxs so much!!

pamela_c · #2 03-12-2009, 09:06 PM

I am not a tax advisor, but the basic rule of thumb for claiming a dependent is that you provided more than half of their financial support for the year.
I filed married filing jointly this year and my husband has been stuck in Mexico since May of last year. However, my husband is just waiting for paperwork to process and has not been deported (which I don't think would make any difference.) In the case of a spouse, I don't recall finding anyplace that actually asks how many months they were in the US, like it does for kids (dependents) for EIC. I also used to help my nephew with his taxes and he was able to claim his daughter (had a social security number) even after she was living full time in Mexico, because he provided more that half her financial support.
You could always call one of the IRS phone numbers and ask anonymously about this to be more sure.
It definately is of no benefit to most to file married filing in most cases.
If you do end up finding an official answer, be sure and post it so others can learn from it.
Best of luck!!

times_up · #3 03-15-2009, 07:40 PM

my tax guy is a former employee of IRS. he advised that since hubby is deported and will not see any benefits from filing taxes, that he no longer needs to claim them. As for me, since hubby was deported, was not living in the same household for the last 6 months of the year, did not help with household payments, or care of the children, that I was allowed to claim Head of Household... regardless of how I claimed before (married filing jointly). This helped me significantly on my taxes.... and im waiting for a nice little check this year!

pamela_c · #4 03-16-2009, 12:45 AM

After seeing timesup's post I read some exciting IRS stuff.
You can file whichever way is most beneficial to you. Whether it be married filing jointly, married filing separately or as head of household.
In all honesty, unless you make a much higher wage than the average person, head of household will probably be your best bet. You may want to try it the different ways to see what will get you the best refund.

sandyr · #5 03-17-2009, 07:20 PM

Yes, be sure to check out all ways of filing before deciding. My personal situation comes out thousands better by claiming my husband. He does not have to be a citizen or live here - Americans are allowed to claim (well husband no matter where he is) but also any dependents who live in Mexico or Canada. In the past, I have claimed other family members in Mexico. As long as you are providing support, you can claim them.
By the way, filing married usually comes out to your advantage so check it out before filing.

Danie2716 · #6 03-17-2009, 09:14 PM

Thanxs so much for all of your replies as all this IRS stuff is so confusing to me.