[sandbrid]

I am from India temporarily working in US on a H1-B visa. My husband had visited me last years for around 2 months here. Otherwise he works in India.

1. Can I do a joint filing with him being my dependent since he was as good as a dependent while he was in US?
2. Also he isn't here presently and while he was here I had not got his passport notarised. So in case I want to apply for his TIN and do a joitn filing, please suggest what should be done?Will he need to come back to US for sometime? Please advise

Thanks

[MukatA]

Spouse is never a dependent.
If you are a U.S. citizen or resident you can only file as married filing jointly or married filing separately. You can file joint return as residents even when your spouse has never been to the U.S. On the joint return, both of you must report worldwide income. If your spouse does not have SSN, attach W-7 (ITIN application) with your tax return. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

You can also file as head of household if your spouse does not live in the U.S. and you have a qualifying relative dependent. Your U.S. Tax Return: Filing Status for Married