Hello,

I stayed 176 days as single in US on H1 Visa in 2012. My wife and Kid are were in India during that time and they didn’t visit US at all during 2012. They were in US earlier with me and they have ITIN numbers.

Can I file US tax “Married Filing Jointly” as my status?

In case if I am filing as “Single” or “Married Filing Jointly” do I need to declare my Indian income?

Appreciate your response.

Thanks,
Sastry

How did you file for 2011?

Was 2012 your last of several years in the United States? If so, are you expecting to return to the U.S.?

I didn't visit in 2011,as there was no income in US, I have not filled my returns in 2011.

I stayed with my family in 2010 and I stayed alone in 2012.

I may come back to US for short term.

Thanks in advance,
Sastry

Then you need to file as a non-resident alien, filing Forms 1040nr-ez and 8843 plus Form 2106 to claim daily living expenses plus the state return as a part-year resident.

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