What do I do with 2021 returns when we applied ITIN a year ago not yet approved?

[alanql]

We are overseas and got married in 2020.  We applied for ITIN for my wife in early 2021, and submitted all necessary forms plus my 2021 tax returns for the application.  I filed as 'married file joint' with the anticipation that her ITIN would be approved.  But it has been over a year despite multiple phone calls to IRS with the same answers ... "We are back up".

Question now is I'm not sure what status I should file this year.  I would be inclined to file as "married filing separate" to keep things simple until we move back to the States.  If it's officially rejected then it would make my decision easier., but because the previous application is still in limbo, it may create confusion with different filing status in different year.  Please advise.

[pk]

@alanql , since you did file 2020 as MFJ ,  requested ITIN for your spouse on retroactive basis  ( for 2020 ) and the case has yet to be determined, I would suggest filing just as you did in 2020 i.e. MFJ and showing your wife as NRA ( Non-Resident Alien -- awaiting ITIN ).  You have done your part and just that the IRS is backed up.  There is absolutely no reason for the IRS to refuse the ITIN -- it is generally matter of course  ( absent any other issues  ).   I am assuming that your wife is a citizen of a non-proscribed country i.e. one with US has a relationship and perhaps tax treaty.

Is there more I can do for you ?

pk

[alanql]

Thanks PK for your prompt response.  I will try to contact IRS/ITIN office again to inquire latest update.  I will reach out to you again once I receive a decision from IRS.  Can you keep this thread active a bit longer?