Form 8843 for recently arrived spouse of a resident alien

Forum|Forum|4 years ago
February 21, 2022
3 replies
26 views

Hi, I am a resident alien by status and was working in 2021 on F1 visa and OPT. This answer tells that I do not need to file 8843 for myself. However, my wife arrived in the US around mid-September 2021 on F2 (dependent visa). I am filling my taxes as married filling jointly. Do I need to file the form 8843 for her?

Thanks,

LoganathanB

Level 7

You will be considered a resident alien if you have completed five years on an F1 visa.

Otherwise, you will have to file a nonresident return 1040NR and you will have to file form 8843 along with your tax return.

OPT is also considered on F1 visa.

If you are a nonresident alien filing Form 1040NR, you may be able to use one of the three filing statuses: Single, Married Filing Separately (MFS), or Qualifying Widower

Click on the link for more information

1040NR

noviceattaxAuthor

Level 5

Thanks, @LoganathanB , for your answer. However, let me clarify my question. I know that I am a resident alein and I also know that I do not need to file 8843 for myself.

My question is about my wife. She arrived in the US around mid-September 2021 on F2 (dependent visa). I am filling my taxes as married filling jointly. Do I need to file the form 8843 for her?

LoganathanB

Level 7

If you are a resident alien and filing jointly with your wife(on F2 status) you will have to make an election to treat her as a resident. Then you need not file 8843 for her.

Click on the link for more information

Nonresident alien spouse