@TomNNJ
The IRS will not issue an ITIN to a nonresident, unless they have a financial connection to the United States. That connection could be created by working in the United States, owning a business that operates in the United States, or filing joint tax return with a US taxpayer. However, the IRS will not issue an ITIN to a non-resident spouse if the resident spouse plans to file separately because then, the nonresident spouse has no financial connection with the US. If the taxpayer goes to the Consulate before filing a joint tax return, the ITIN application will be denied because the spouse has no financial connection to the US. (Yes, the consulate could certainly help file the application, but the IRS will not issue the ITIN.)
