I am a non-resident alien from India and so is my spouse. I was on F-1 visa for the whole of 2008. My spouse was on F-2 from Jan 2008 - July 2008. Then she converted to F-1 visa and has remained so from August 2008 - Dec 2008.

1. Can I claim some tax exemptions by filling any forms based on my spouse's presence partly in F-2 visa ?

2. Can I file 1040-NR jointly with my spouse (as she was my dependent for major part of 2008)?

Thanks in advance,
RB

As per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. You can also claim exemption for your spouse if she did not have any income in 2008. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

You CANNOT file Form 1040NR jointly; you can only your spouse asa dependent if she has NO U.S.-sourced income.