I came to USA on 04th April 2015 and went back to India on 06th Nov 2015. I got married on 02 Dec 2015 and again came back to US on 23 March 2016.

My wife hasn't traveled to US after marriage. She doesn't even have H4 stamped yet.

I need to file income tax return for 2015. My Query is : Can I file it as "Married filing jointly" or should I file it as Single?

1 Answer 1


Yes, you guys can choose to use Nonresident Spouse Treated as Resident and file as Married Filing Jointly. Note that this will cause both of you to become resident aliens for the whole year, which means your worldwide income the whole year will need to be reported on US taxes (and she can probably use Foreign Earned Income exclusion to exclude her foreign income before she comes to the US).

If she doesn't have an SSN (which is likely), she will need to submit an application for an ITIN together with filing your taxes.

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