If you're married, you must file as Married Filing Separately, unless you meet the exception detailed here:
Exception.
Married persons who live apart: Some married nonresident aliens who have a child and who don’t live with their spouse can file as single. If you meet all five of the following tests and you’re a married resident of Canada or Mexico, you’re a married U.S. national, you’re a married resident of South Korea, or you’re a married student or business apprentice eligible for the benefits of Article 21(2) of the United States–India Income Tax Treaty, check the box for the Single filing status at the top of page 1 of Form 1040-NR. On Schedule OI, enter your country of residency (item B) or, if applicable, that you’re a U.S. national (item A).
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You lived apart from your spouse for the last 6 months of 2023. Temporary absences for special circumstances, such as for business, medical care, school, or military service, count as time lived in the home.
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You file a separate return from your spouse.
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You paid over half the cost of keeping up your home for 2023.
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Your home was the main home of your child, stepchild, or foster child for more than half of 2023. Temporary absences by you or the child for special circumstances, such as school, vacation, business, or medical care, count as time the child lived in the home. If the child was born or died in 2023, you can still file as single as long as the home was that child's main home for more than half of the part of the year the child was alive in 2023.
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You could have claimed the child as a dependent or could claim the child except that the child's other parent claims the child as a dependent under the rules for children of divorced or separated parents. See Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.
https://www.irs.gov/instructions/i1040nr
**Answers are correct to the best of my ability but do not constitute tax or legal advice.
