I was married in April 2008. My husband is on a G4 visa, which means his income is exempt from taxes and he is a non-resident alien. I have two questions:

1) Since he is considered a non-resident alien, can I file as "single"? Or rather, do I have to file as "married filing separately"?

2) Does my husband need to file anything at all, we are under the impression that he does not. He has no other income except that which comes via his employer.

Thanks.

Choice 1: If you are a resident, you can file joint return as residents. But, then your husband's must pay tax on his income.

Choice 2: Husband files nonresident tax return and Form 8833 as nonresident married alien. You file as married filing separately.

Choice 1: If you are a resident, you can file joint return as residents. But, then your husband's must pay tax on his income.

Choice 2: Husband files nonresident tax return and Form 8833 as nonresident married alien. You file as married filing separately.

Thank you for your response.

Are these forms that my husband has to submit just a formality or will he owe money. He didn't receive a W4 or anything like that from his company.

Choice 2: He will report income and then claim credit as per G4 visa provision. He will not pay any tax but he must still file the tax return.
If you do not do it, IRS may contact you after a couple of years for not paying income tax on your income in the U.S.