[hemaraman11]

I am on H1b working in the US for 1 year and my husband works in India visited me in B2 for 2 weeks, I am confused about my filing status. Should it be Married filing jointly where I show my husband's income but he doesn't have an ITIN and I do not have his notarised passport . Or should I file the status as Married filing separately even for that its asking for an ITIN and a tax amount that I owe .Thanks for the help in advance

[MukatA]

Choice 1: You can file resident return as married filing separately.

Choice 2: You can file resident tax return as Married Filing Jointly. You will get standard deduction of $10,900 and exemptions for both of you.

You must both declare your worldwide income for 2008. If you have any foreign income, and on that income you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555).

You will complete forms W7 (application for ITIN) for your spouse and attach with your tax return.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas