回复：similaToMe and stp

now without the spouse itin, how can one file as married jointly?

married file separately? maybe. then do you claim exemption for spouse i.e. check box 6b on 1040? if you do not claim, the tax will be the same as "single". Claim it? No in 1040 instruction line 6b it says "only if spouse has no income and is not filing a return". But a spouse usually has sort of income in china.

single? sounds ridiculous for a married person but it may be most appropriate choice. when you are a NRA filing 1040NR, you are always filing as single, even married.