Hello Tax Experts,

I am a non-resident alien and am filing for Federal and CA state tax returns, 2010. I got married in 2010 and my wife is expected to enter US for the first time in April 2011. Given my situation, I have the following questions

1 - Can I submit my tax returns using Married Filing Jointly status?

2 - Do I need to have an ITIN number for my wife (She does not have any gross income).

3 - If I need an ITIN number, my question is how can I apply for one using the form W7 when she is overseas. Can I apply on her behalf?

4 - The MFJ status requires the spouse to sign on the tax returns. Since my wife is still not here, can I leave it blank?

Much appreciated

1) Yes.

2) Yes; submit Form w-7 WITH the tax return.

3) Sorry, but you MUST wait to submit the Form W-87 with the tax return. Only in some very sepcific cases (like going to school or applying for a bank account) can you get an ITIN without the tax return.

4) No, she MUST sign the return, so file an extension and wait until she gets here.

If you need professional help filing your return, email me at [email protected] or [email protected].