Hello,
I got married last year (2009) and will be filing a joint return this year. My husband is a non-resident who will be applying for an ITIN with this tax return (for which he will be considered a resident). My question is will he need to claim any income that was earned for 2009? He has received W-2's from employers for 2009, unfortunately using a family members SSN :confused: Another question is do I need wait for his ITIN to be sent to me to file the state return?

Thanks,
helpmepls888

Attach W-7 with your joint tax return and mail.
Yes, wait to file state return till your husband gets ITIN. If needed file for extension.

Thank you MukatA. What do I do with the W-2s he has received? Do I need to include that income when he used his brother's social?

Yes, include the W-2s if they represent income HE earned.