Ask Experts Questions for FREE Help !
Ask
    pbohra's Avatar
    pbohra Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 9, 2007, 05:38 PM
    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.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
    Full Member
    		  
    #2

    Apr 9, 2007, 05:53 PM
    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.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 17, 2007, 12:15 PM
    Agreed; MFS is probably your best option.

    You CANNOT file single.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

General Tax Query related to Federal and State Tax and Filing Status. [ 3 Answers ]

I am a Married Indian resident. I had visited US in 2006 twice on H1B. I have never been to US earlier. Period of Visit: March 2006-April2006 approx 44 Days - Income from NY. Stayed in NJ August 2006 – Sept 2006 approx 32 Days. - Income from NJ. Stayed in NJ My company paid the salary...

Filing tax status [ 2 Answers ]

Which is more advantages to file married jointly or separated?

Need to know what my Tax filing status should be? [ 1 Answers ]

Hi, I have been in California, USA since Jan 2006 on H1B visa. I got married on Dec 13, 2006 in India. After marriage, I returned to CA, USA on Jan 19th, 2007 with my wife who is on H4 visa . I have following question, and would greatly appreciate any response: What should be my tax return...

CT state tax: filing status [ 9 Answers ]

I'm H1B visa holder together with my wife (H4, no income) since Feb 2005 in Connecticut. Under the residency rules of IRC 7701(b), we passed the substantial presence test in 2005 and therefore I am a resident aline for federal tax purpose, so does my wife. We file federal tax return joinly. When...

Tax filing questions - H1 status [ 9 Answers ]

I have been on H1 status from Jan 1 2005 through present. I think my tax filings will be pretty straight forward too. But I could not find any mails which spoke solely about H1 tax filing. (Or probably I just missed it, in which case my apologies). I am a resident of MA. I came here in Aug 2002 on...

View more questions Search