Can I file taxes in US as married jointly, if I am married in India with rituals but have no proof?

[laxmikant.nitk]

I got married in India just before COVID, but I had to return back soon to US, due to travel ban restrictions. Hence, I could not obtain any legal proof of marriage from India. I reside in California. Can I file taxes in US as married jointly?

[ErnieS0]

It depends. There are two issues.

Marriage. The IRS recognizes any marriage that is considered valid in the place where the ceremony is performed. Rev. Rul. 2013-17 addresses same sex marriages but the background describes marriages in general.

Filing status. You don't say whether you and your spouse are US citizens or US residents or nonresidents and whether you lived in the US in 2021.

US citizens and residents can file as married. A US citizen or resident married to a nonresident can elect to file joint. See nonresident spouse.

A nonresident filing a nonresident tax return would file separate. There is no option to file joint on Form 1040NR.

[laxmikant.nitk]

Thanks for reply.

We both are Indian nationals. We are US residents and have spent whole year 2021 in California. We got married in India but only thing is we do not have any official proof document. So how should we file taxes? 

[LeonardS]

If you both are US residents you may file married filing jointly.  The IRS does not require proof of marriage to file jointly.