Yes, you can, IF you are filing a resident alien, green card holder or U.S. citizen.

Any couple that qualifies can file jointly with the foreign spouse CHOOSING to be treated as a resident alien for the entire tax year. The foreign spouse has to sign a statement maing this choice, and that statement has to be attached to the tax return. The foreign spouse also has to submit Form W-7 with the tax return to get him/her an Individual Tax Identification Number (ITIN). Finallym the foreign spouse has to sign BOTH the Form W-7 and the joint tax return, because BOTH are LEGAL documents that require original signatures.

Nowhere in the tax laws is the spouse REQUIRED to be present in the United States; he/she could live on Mars for all the IRS cares. You just have to take the time to mail all of the doucments to him/her in the foreign country to sign and send back to you for your signature and final mailing to the IRS.

The same logic does NOT apply to children, however. In order for children to be claimed as dependents, they MUST be phyically present in the United States for at least ONE day in the tax year.

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