Tax Filing Status - I am married, but have no idea where my husband is.?

Question

I am still legally married, but I have no idea where my husband is. He was deported nearly 4 years ago, and we have no contact. So my question is, how do I file my US income tax return? Should I file as single? I can't really file as married, since both people need to sign the return. Any help would be greatly appreciated.

Additionally, I have no dependents. Thanks!

Answer 1

Unfortunately, the only way for you to file legally is married filing separately. You aren't single, so can't file that way, but you're right, you can't file jointly either without his information and signature.

I am assuming that you do not have any dependent children living with you. If you do, you can probably file as head of household.

Good luck.

Answer 2

File as "Head of Household"

The following publication 501 will explain.

How is it that he got deported 4 years ago but finally now you ask how you are to file? How did you file the past three years?

Filing for divorce isn't going to do the trick, since you need both signatures! You can ask the court for a special order separation.

If he got deported does that mean he never applied for permanent resident while being married to you? If he was never a permanent resident, then he didn't have a social security number?

Sorry to be probing, but as complicated as it is, more details would help to point you to the right remedy.

Excerpt from Publication 501: It hits on some of your points about your spouse being absent and in the case of a non resident alien spouse.

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

You file a separate return (defined, earlier, under Joint Return After Separate Returns).

You paid more than half the cost of keeping up your home for the tax year.

Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences, later.

Your home was the main home of your child, stepchild, or eligible foster child for more than half the year. (See Home of qualifying person, later, for rules applying to a child's birth, death, or temporary absence during the year.)

You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents under Qualifying Child or in Support Test for Children of Divorced or Separated Parents under Qualifying Relative. The general rules for claiming an exemption for a dependent are explained later under Exemptions for Dependents.

If you were considered married for part of the year and lived in a community property state (listed earlier under Married Filing Separately ), special rules may apply in determining your income and expenses. See Publication 555 for more information.

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

Answer 3

If you can provide proof of the marriage, you can file Married filing seperately, but check with an experienced tax person- MFS may benefit you with a bigger standard deduction, but you may be required to file as Single after a period of time. Good Luck!

Answer 4

Married Filing seperate is the typical way. I recommend contacting a local atty and file for divorce so you don't have this issue for years to come.

Answer 5

You File As Seperated!