check this link.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

Who Must Apply

one category.

*A nonresident alien individual not eligible for an SSN who elects file a joint U.S. tax return with a spouse who is a U.S. citizen or resident.

You are resident, right? She/he is your spouse, right?So... why not try.

Check the pdf file for details.

Does not hurt to try.