I was on L1 visa work permit in US, Foreign National from May 2008 - Nov 2008 , My wife and my kid did not stayed with me for the entire period but they are having valid L2 visa.

I have received my W2, and would like to know few things related to tax return

1) Can I file the tax return as "Married Filing Jointly"? My wife and child does not have SSN as well as ITIN at the moment

2) Does it require being physically present in order to apply for ITIN?

3). Can I file joint return as residents along with W7 form ( keeping blank SSN in the tax return form)

4) Please suggest the status under which I can file my tax returns.

Thanks in advance.

RR

Give exact dates you entered the U.S. and left the U.S. or how many days you were in the U.S.
Were you present in the U.S. in 2006 and 2007? If yes, number of days.

Give exact dates you entered the U.S. and left the U.S. or how many days you were in the U.S.
Were you present in the U.S. in 2006 and 2007? If yes, number of days.

I was in US from 11 may 2008 to 27 nov 2008. I was not present in 2006 and 2007.
But now I am in US I came back on 23 Feb 2009.

You need to file as a non-resident alien; you do NOT meet the criteria for the Married Filing Jontly option under First Year Choice.

Since you are filing as a non-resident alien, ITINs for your wife and children are NOT needed.