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  • Apr 9, 2007, 05:38 PM
    pbohra
    Tax Filing Status
    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.
  • Apr 9, 2007, 05:53 PM
    The Texas Tax Expert
    Quote:
    Originally Posted by pbohra
    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.
  • Apr 17, 2007, 12:15 PM
    AtlantaTaxExpert
    Agreed; MFS is probably your best option.

    You CANNOT file single.

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