Can i choose the option married file jointly

[Pelethangjam]

I am in USA since March 2020 and my wife and son joined me on sept 2020.

can i choose the option “Married File jointly” and apply ITIN my my son and wife along with the tax return application.

[DoninGA]

Yes, but the tax return will have to be mailed.

If you decide to file your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident.  See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad pages 6 and 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

[bluedeb · Accepted solution]

Yes, since your were married at the end of 2020 you can file as Married filing joint.  You can apply for a ITIN with your tax return.  The following has information on getting a ITIN.

Taxpayer Identification Numbers (TIN)

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin