It sounds like you will not be married on the last day of 2023 and if this is true, you will be able to file as single for 2023. If you are asking about 2022, you could not normally file as single for that year if you were legally married on the last day of the year. However, once you get the marriage annuled, you would have to file as a single person, so it would be best to do so assuming the marriage will be annulled in the near future.
You can learn more about filing status here: Filing Status
@ kateforreals-gma
{Edited 2/16/23 at 12:22 PST}
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