I'm working on H1B visa since Oct 2019 in the US and married in 2022. My spouse (on H4 visa) is working in Canada and has income in Canada. She doesn't have any income in the US and has no W2 and SSN/ITIN.
My wife visited US for about 3 months in 2022 and returned to Canada.
My questions below -
- Can I file my taxes for 2022 as a married-joint or married-separate filing?
- Since she was in US for 3 months and rest of the time in Canada, can she be considered as resident for tax-filing purposes?
- If joint filing, I understand that I will need to include my spouse's worldwide income including wages in Canada. Can we apply for Foreign Earned Income Exclusion and/or the Foreign Tax Credit to exclude her foreign income from US taxes?
Appreciate your help.