I am on a H1-B visa and got married in July 2008. I brought my wife to the US on a H-4 visa and unfortunately we realized marraige is not working out. We went back to India in Jan and are now talking Divorce.
I am now trying to file my tax returns for 2008 and want to file as a "married filing jointly" as the returns are more in that category. For that , my wife is not co-operating to apply for an ITIN (she is not eligible to apply for a SSN). I cannot get her to sign the ITIN form or get a notarised copy of the I-94 or passport.
Can someone please advice me on how I can get my tax returns filed as "married filing jointly" without my wife having an ITIN?
Thanks and your response is much appreciated!