Yes, I would amend your 2023 return and attach the signed statement since you were exempt in 2023. In this case, your husband would declare you as a resident alien for tax reporting purposes. Normally to declare yourself exempt, you would need to file form 8843 to declare your exempt status.
This is an interesting scenario though. My question is how were you able to file since you were an exempt individual? If you didn't file a Form 8843 with the IRS to declare your exempt status, then you became a US resident via the "Substantial Presense Test" because you were here for the full year in 2023. If this is the case, you don't need to amend your return and it was filed correctly.
If you did submit form 8843 in 2023, then you will need to amend the 2023 return, include the statement, and print and mail the tax return.,
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
