I worked on L-1 Visa for about 7 months (Feb-Aug 2008) and returned to India. I am married in 2005 and my spouse and kid are stayed for around 65-70 daysin USA. Both my spouse and Kid don’t’ have any income in USA (or in India )and also don't have SSN or ITIN. So I confused selecting my status to file 2008 tax returns.

Can I file tax return with married jointly or with single status? Please advise me

You need to file a dual-status return, filing BOTH Forms 1040 and 1040NR plus Form 2106 to claim daily living expenses.

The dual-status return is NOT for amateurs. If you have not yet filed, email me at [email protected] for a fee quote to prepare your return.