DanielV01
Expert Alumni

Get your taxes done using TurboTax

He's not required to file a U.S. Resident return.  However, you can choose to include him in your return by filing as Married Filing Jointly.  If you do, you would include a statement saying that you wish for him to be treated as a resident for US tax purposes.  However, if you make that election, his income earned in your home country will be taxable in the US, although you may claim a US credit for any tax he pays on the income to your home country.

You also have another option.  You may also choose the option of Married Filing Separately.  His name and SSN do appear on your tax return, but his income does not appear.  If he had no US-source income, you may claim him as a dependent.  If you have a child (or children) that lived with you all year, and your husband did not spend any time with you after July 1, you would be eligible to file as Head of Household instead of Married Filing Separately.  (TurboTax can assist you to determine the correct filing status between Married Filing Separately and Head of Household).  With either of these two statuses, your husband's income is not reportable nor taxable to the United States.

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