I got married overseas to a filipino that has never been to the US before. We are in the middle of the immigration process but she doesn't have a SSN or ITIN. For 2009 tax year, I was told by H&R Block that I had to file single because she's never been to the US, even though I still support her and send her money every month. Can I file married for 2010 tax year, and if so what do I need to do?

If you are a U.S. citizen or resident you can only file as married filing jointly or married filing separately. You can file joint return as residents even when your spouse has never been to the U.S. On the joint return, both of you must report worldwide income. If your spouse does not have SSN, attach W-7 (ITIN application) with your tax return. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income (http://taxipay.blogspot.com/2008/03/us-citizen-or-resident-with-foreign.html)

You can also file as head of household if your spouse does not live in the U.S. and you have a qualifying relative dependent. Your U.S. Tax Return: Filing Status for Married (http://taxipay.blogspot.com/2008/02/filing-status-for-married.html)

Even for 2009, you were eligible to file joint return as residents. If you need professional help, contact AtlantaTaxExpert.