It depends. If you were considered legally married in India, that would mean you were married by December 31st. This would allow you to file as married filing jointly for 2024, even though you had a wedding ceremony to obtain a marriage certificate in the United States. The United States would recognize it as a legal marriage in India.
- A legal marriage in India is a marriage that is recognized by the law and is registered with the government. The type of marriage that is considered legal depends on the religion of the couple and the process used to register the marriage.
Married filing jointly. Generally, you can file as married filing jointly only if both you and your spouse were U.S. citizens or resident aliens for the entire tax year, See IRS Publication 519, for additional information.
You must include all worldwide income on a joint return.
- If both you and your spouse have income, you should usually figure your tax on both a joint return and separate returns (using the filing status of married filing separately) to see which gives the two of you the lower combined tax.
If you believe the marriage in India was not considered legal, then you would have to wait until 2025 to file as married filing jointly in the United States.
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