No, he cannot file as single. Since you were married on December 31, 2016 you have to file as Married
Filing Jointly (MFJ) or Married Filing Separate (MFS). As a US Citizen
or a Resident Alien, your husband has two choices in filing your taxes.
Option 1
Treat
your spouse as resident alien for tax purposes. If you do this, you
will need to include your spouse's worldwide income in your US tax
return and it will be subject to US taxes. To do this follow these
steps.
Attach a statement to your tax return, signed by
both spouses, that states that one spouse is a nonresident alien and the
other is a U.S. citizen or resident alien, and you are choosing to both
be treated as US residents for the tax year.
- List the name,
address and Social Security number (or Individual Taxpayer
Identification number) of each spouse. If your spouse has a social
security number you will use it. If not, you will need to apply for a
number using Form SS-5. If your spouse is not eligible to apply for a
Social Security number, complete a Form W-7, Application for IRS
Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf). This
form will be attached to your tax return. Turbo Tax does not support
the Form W-7. You can complete it outside of Turbo Tax. You will have
to print, sign and mail your return in if you are using Form W-7.
- For the first year you make the choice, you have to file a joint
return. In later years you can file joint or separate returns. Married
Filing Jointly will give you a higher standard deduction and has other
benefits that are not available using a married filing separately
status, but you do have to include your spouse’s worldwide income in
joint income.
Option 2
Treat your spouse as a nonresident
alien for tax purposes. You will not have to include your spouse’s
non-US income on your U.S. tax return. You will have to use the filing
status of Married Filing Separately.
- If you file as Married
Filing Separately AND your spouse has no income from sources within the
US AND is not claimed as a dependent of another US taxpayer, you CAN
claim an exemption for your spouse. You will need either a social
security number or an ITIN for your spouse to claim the exemption.
https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-ResidentIf
everyone on the tax return has a social security number or ITIN, you
should mail your return to the address listed in the 1040
instructions. Tax returns with a Form W-7 should be mailed to the
Austin TX address.
