I am in USA on L1B since jan2011, but my wife Is in india.. I filed my tax as "Single" status for year 2010 using turbo tax (as I did not know much about ITIN). I wish I could file "Married filling Joint" as I could get more returns on that.

My question is , Can I get ITIN for my wife even if she did not come to US for filing the tax as "Married filling Joint" status ? Or It is manadatory for my wife to come here in US for getting ITIN?

If I it is possible to get ITIN for my wife, then Can I file my tax again to claim the returns as Jointly?

If you worked and lived in the United States, you can file jointly with your wife IF she signs the Form W-7 to apply for an ITIN and IF she signs the tax return (or, in your case, the amendment).

Her physical location is irrelevent; she could be on Mars for all the IRS cares.

It will take quite a bit of time to prepare and process the paperwork, but it CAN be done. I know because I do it multiple every year; it IS what I do.

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