Visa changed to TN - wife lost EAD and returned to Canada

[hsewell]

repost - sorry for the errors - bad morning:

I am a Canadian citizen. I was transferred to the US in 1999 and worked on an L1 visa until August 2002. At that point, the division in which I worked was sold to a US company. I was granted TN status, but my wife was no longer able to have an employment admissibility document. In December 2004 she returned to Canada to look for work.

Question:
For my 2005 US tax returns, can I still file as "married filing jointly"?

And thanks for this incredible Forum - Henry.

[hsewell]

Whoops - my life returned to Canada in Dec 2004, not 2002.

[nelsona]

You know you can edit your own posts, rather than add more mistakes
'life' back in canada?

As an aside, I'm not sure why your changing from H1 to TN changed her status, since she would not have been allowed to work based on your H1. I think you were working on an L1,eh? This makes more sense.

How about going back to your original post and fix.

To your question: You were NEVER entitled to file as Head of Household, so, no you can't in 2005 either.

Unless one of your kids lives with you all the time, you should either be filing a married filing separately (MFS) or married filing jointly (MFJ).

The rules for filing HoH are very strict, and you probably do not meet them.