My husband is on a H-1B visa, while I am on a H-4 visa. We are both from Thailand. My husband has been on a F-1 visa during the past 3 years. He just started as a H-1B in Jan 2012. I was on a F-1 for 3 years before I went back to my country and stayed there for about a year. I just came back to the US in Jan 2012 as a H-4 visa. For 2013 tax season, are we considered resident or nonresident alien? I do not have an income, so my husband and I should file a joint return tax form? Are we allowed to claim standard deductions?

While I was a student here, I worked on campus and so I have my SSN. However, due to marriage, I changed my last name, and now my name on the SSN card is different from my passport name. I went to the SSA and asked them to change my last name in the system, but they said that they couldn't do it because I am no longer authorized to work. This is really confusing for me because I also cannot get an ITIN number. However, my SSN is quite invalid because of my last name change. It is really problematic if, say, I want to apply for my driver's license, bank account, or even fill up a tax form. Is there a way out of this? Do I have to attach my marriage and last name change certificates every time I have to file an official document? Help!

For tax purposes, use the maiden name on your SSN card, even though you have officially changed your name. That is your only option at this point in time because, like you said, you CANNOT get an ITIN.

As for your tax return for Calendar Year 2012 (which will be filed in January 2013), you and your husband will file a JOINT return because he will have met the Substantial Presence Test and is married.