I am in USA on H1B since Feb 2008, but my wife and son who is 8 months old are in India only. My wife and son have H4 Visa but they did not join me yet. I filed my tax as "Single" status for year 2008 using H&R Block (as I did not know much about ITIN and H&R block did not tell me). I wish I could file "Married filling Joint" as I could get more returns on that.

My question is , Can I get ITIN for my wife and son even if they did not come to US for filing the tax as "Married filling Joint" status ? Or It is manadatory for my wife to come here in US for getting ITIN?

If I it is possible to get ITIN for my wife, then Can I file my tax again to claim the returns as Jointly?

Yes, for 2008 you were eligible to file joint return as residents.

Now file amended tax return and attach W7 (ITIN application) for your spouse only. You will not get exemption for your child as child was never in the U.S. in 2008. For spouse it does not matter.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)

Yes, for 2008 you were eligible to file joint return as residents.

Now file amended tax return and attach W7 (ITIN application) for your spouse only. You will not get exemption for your child as child was never in the U.S. in 2008. For spouse it does not matter.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas (http://taxipay.blogspot.com/2008/08/us-visas.html)


Thank you very much for your answer. Please help me further guiding about following..

- Do I need to file amended tax for both federal and state or only federal (I live in Cannecticut)?
- Should I go to H&R Block for this as I did file by H&R online last time? or I can do it on my own?
- What all forms I need to fill along with W7 and 1040X?
- I hope there should not be any problem by this amendment as April 15 is alredy passed.

1) Both the federal and the state return need to be amended.

2) You can do it yourself.

3) A notarized photocopy of your wife's passport.

4) No problem at all.