File taxes as 'Married filling Jointly' or 'Married filling separately'?

Asked over 1 year ago - Lombard, IL

My husband is on h1b since Feb' 2012
I was working in India and visited US once in 2012 for 4 weeks and then joined my husband in Jan 2013 eventually.

Should he be filing tax as 'Married filling jointly' or 'Married filling separately'?
Do I need to show my Indian income if we are filling it as 'Married filled jointly'?
Since I was in US for less than 31 days in 2012, does that mean I will be considered as 'Non Resident Alien'?
Also, since I joined him in 2013, does that mean we can't file taxes as 'Married filling jointly'?

Please advice.
Thanks in advance

Additional information

Also, when I was working in India and visited US once in 2012 for 4 weeks, I was on B1 visa not on H4 visa.

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Not an immigration. Please repost in the tax section.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . it is an excellent question and though I would not probably know the answer, I still believe that you would be better advised by a tax attorney so i changed the area of law to taxes.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more

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