I am confused about what filing status do I need to use in filling up my 2012 federal and state tax return... Should I file it as married filing jointly or separately? I am a us citizen married to a non us citizen and we live overseas and both of us have overseas income for this year. Should I file married filing jointly since we're planning to get him an immigrant visa or should I file as married filing separate? If married filing separate, how do I report our overseas salary since California is a community state? Do I need to include part of his income?

I would have to model the return both ways to determine the best course of action. For that, I need each salary earned in 2012.

Also, how long have you been overseas?

Does your wife have an Individual Tax Identification Number?