Question1:

I have a J-1 Visa and work as a teacher . . . my husband has a J-2 Visa with a work permit and worked as an independent contractor.  Does my husband have to file as a Non-Resident alien or Resident Alien for tax purpose when he was here for a total of 365 days in the U.S. 

Question2:

We have two children and can they apply for an Itin number if the taxes are filed as a Non-Resident or Resident?