Originally Posted by
AtlantaTaxExpert
1) If you buy the house in 2009, the housing credit will be taken on your 2009 tax return. However, that credit is not really a credit, but rather a loan that must be paid back in each of then succesive years @ $750 per year. It is, in effect, a $7,500 interest-free loan.
As for the rebate, you can file Married Filing Separately to keep your wife's ITIN off the tax return. Once you get the ESR, you would then amend your return to file jointly.
This is perfectly legal and in fact is recommended as a course of action on the IRS website.