My wife is on h1b visa and I am on h4, she has her SSN and been working here in US since 2007. I came here in US with our daughter last Mar.2009. My wife already filed her W2 last feb.2009 for the year 2008.
Question: Can we apply for ITIN now (for me and our daughter)? in advance before the 2009income tax return filing season.

We understand that ITIN nos. are given for tax purposes only but I am desperately needing to have my ITIN now cause I want to take a state board exam this coming October 2009, the requirement for exam application is particular on providing ITIN/SSN or the application for the exam will not be processed.

Anybody? help. Thanks

You must submit the Form W-7 to apply for an ITIN WITH the tax return.

Your best solution IMHO is for your wife to amend her 2007 tax return to file jointly with you (the fact that you were in your home country is irrelevent; you can still file jointly for 2007. You may need to include your income for 2007 on the amendment, but I suspect you would still get a refund from that amendment, in addition to being issued an ITIN.

Once you have the ITIN, you can then amend her 2008 tax return as well to file jointly.

An alternative solution is for you to submit the W-7 by itself under an exception to the rule requiring submission with a tax return. You would need to attach a letter from the state board citing the need for the ITIN.

If you need professional help to amend the returns, email me at taxexpert@<hidden>.