My wife is in k visa and not working and I am an US citizen and working. And we just got married Oct. 2010, can I file a joint tax return as married even if she is not working and not a U.S. Citizen yet?

Yes, you can file jointly. She will have to sign a statement that she CHOOSES to be treated as a resident alien for ALL of 2010, and declare all world-wide income.

If she has no SSN, you also need to submit Form W-7 to get her an ITIN.

If you need professional tax help with this, email me at [email protected].

You can file joint return if when your spouse is foreign alien and has never been to US.