Hello,

I am a US citizen living in California with my husband and son. Both my husband and son have a J1 visa. I am unemployed. My husband filed his taxes using the 8843 form (he is exempted). How should I file my taxes?

If you have NO income and you and your husband CHOSE not to file jointly, you have NO legal requirement to file.

However, you and your husband COULD have filed jointly. He would CHOOSE to be treated as a resident alien for all of 2008, and you also claim your son as a dependent.

It is NOT too late to fix this. You can amend the return to file jointly. You should get a significant refund from this amendment because you will get exemptions for yourself, your spouse and yhour child (total of $10,500), plus the $10,900 JOINT stanmdard deduction, plus the $1,000 Child Tax Credit, PLUS you may qualify for the Earned Income Credit, PLUS possibly a $1,200 Recovery Rebate Credit.

If you need professional help to amend your 2008 return, contact me at [email protected].