I am on H1B, going thru' a divorce for last one and a half years in India. My wife has not lived with me and is in India for last one and a half years. What should be my filing status. Can I still file as married filing jointly if my divorce is not finalized as of Dec. 31st of last year or should I be filing as Single? I do not have any kids so I don't think I qualify for "Head of Household" status. Please Advise.

I am on H1B, going thru' a divorce for last one and a half years in India. My wife has not lived with me and is in India for last one and a half years. What should be my filing status. Can I still file as married filing jointly if my divorce is not finalized as of Dec. 31st of last year or should I be filing as Single? I do not have any kids so I don't think I qualify for "Head of Household" status. Please Advise.

Your spouse has to sign if you want to file jointly. Looks like you might have to go with Married filing a separate return.

Agreed; MFS is probably your best option.

You CANNOT file single.