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If your spouse is in India and has never visited the U.S., you normally should file as Married Filing Separately (MFS) because you are legally married. Alternatively, you can choose to file as Married Filing Jointly (MFJ) by electing to treat your spouse as a resident alien for tax purposes. This would require your spouse to obtain an ITIN (Individual Taxpayer Identification Number) using Form W-7, and you must report worldwide income for both spouses.

 

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