I need some assistance on my tax filing. Here is my situation:

I and my wife have come into US on Oct 20, 2007. I am on L1 and she is on L2.

Can I file as "Married filing jointly" on form 1040EZ ? My wife hasn't got SSN. Can she apply her ITIN using W-7 and attaching 1040EZ form ?

Or, since I do not meet the 183 days presence test, do I need to file 1040NR-EZ form ? In that case, can I apply as "Married filing jointly" and apply her W-7 for ITIN ?

Thanks in advance.

Citizenship: Indian

You have it all right, except that you MUST WAIT until early June 2008 before you can file, because you have not yet met the Substantial Presence Test!