If spouse was a non resident alien at any time of the year, can you file head of household?

My then, British boyfriend, came over to the US under the VWP and intended to stay for 90 days. In that time (May 17, 2007), we got married. So, from what i gather, he was a non resident alien for part of 2007. So by definition, i should be able to claim head of household from what i understand....am i right? If i'm not, can someone explain it to me?If spouse was a non resident alien at any time of the year, can you file head of household?
Sorry. Even if he did not have a legal immigrant status, the fact that you were married and living together disallows your claiming head of household tax filing status. You can only file as head of household if all of the following apply:





* You were unmarried or met the requirements to be considered unmarried ... as of the last day of the year.





* You paid more than half the costs of keeping up your home for the year.





* Your home was the main home for you and a qualifying person who lived with you for more than half the year.





* The qualifying person met the requirements to be a qualifying child or qualifying relative.





* You were entitled to a dependent exemption credit for your qualifying person. However, you do not have to be entitled to a dependent exemption credit for your qualifying child if you were unmarried and your qualifying child was also unmarried.





* You (not he) were not a nonresident alien at any time during the year.





Here is a link to a good self test for head of household status:


http://www.ftb.ca.gov/individuals/hoh/se鈥?/a>If spouse was a non resident alien at any time of the year, can you file head of household?
You really should ask the IRS.





1-800-829-1040
As pointed out, you have to have a qualifying person, which a spouse can never be. It doesn't matter if they are a citizen or not.

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