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

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

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


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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Thanks for your help and for directing it to the right column.

Alexander Joseph Segal

Alexander Joseph Segal


Please consider marking my answer as best.

Alexander Joseph Segal

Alexander Joseph Segal


Thank you


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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