State tax filing

My spouse came as a child to the US and his parents never filed for him to get a green card or anything and as an young adult going to college, he applied for DACA but never got a response back and now that we’re married, we haven’t started the process of getting him papers and this year I thought I qualified for the HOH.

but I did go back to the FTB for our state and it stated I couldn’t file as HOH because I was married and living with spouse more than 6 months.

but my question was about the ITIN and @Opus 17  gave the answer I needed. Thanks.