TaxGuyBill
Level 15

If BOTH spouses want to file jointly, you can file a Joint return.  But the spouse will need to apply for an ITIN.

Although an ITIN can be applied for when filing the tax return (by postal mail), the optimal way to get an ITIN is through a Certifying Acceptance Agent or at an IRS Center (so after they get the ITIN, you could hypothetically e-file, *IF* the IRS computers are updated with the ITIN).

https://www.irs.gov/individuals/how-do-i-apply-for-an-itin