Hello all,

I am on a J-1 visa and my spouse is on a dependent J-2 visa, but she has an EAD and has been working in the past year. In my 2008 returns (used form 1040NR), I claimed her as a dependent, but she didn't have a job at that time.

I am into my second year of J-1 visa and so still have the exempt status. My questions are as follows;

Can, I claim her as a dependent and file 1040NR?
Does she have to file a separate 1040NR, because there is no option to file jointly?

Any help is deeply appreciated. Looking forward to your responses.

You can not claim exemption for your spouse unless you are from Canada, Mexico or Korea.
If you are a student from India, you can claim exemption for your spouse if she did not have any income.