Hi,

I have changed my visa from H4 to F1 recently.My husband is on H1 and he has been filing tax returns and showed me as a dependent.Now, since I have changed my visa to F1 to I would be filing for 8843 form separately.I have 2 questions:

1) Can my husband still show me as a dependent while filing his tax return?

2) I already have ITIN number.Since, my visa status changed do I need to apply for fresh ITIN on f1 status?

Please help.

Thanks,
Monica

Monica:

Please download IRS Pub 519 from www.irs.gov for details.

I believe that you are obligated to file Form 8843 due to your F-1 visa status. However, your husband can still file jointly with you (he cannot claim you (his wife) as a dependent on Form 1040/1040A/1040EZ).

However, if you are earning an income on your own, it may be more advantageous for you to file your own tax return, which would probably be Form 1040NR.