I have been in the US since 2016 under F1 student visa with my spouse who has F2 visa.

Since I am still a non resident alien, I have been filing under single status. However, I learned that my spouse may have to file the 8843 form even if no income earned. Is this true?

If it is, I have not filed this for 2016, 2017 and 2018 for my F2 spouse and I am wondering if this will be a problem. I can start filing for 2019 onwards but do I have to file for the previously missed years? Any help is appreciated!


Yes, both you and your spouse have to file Form 8843, since you are both "exempt individuals" (exempt from the Substantial Presence Test) as students, unless you have already been an exempt individual for some part of 5 previous calendar years.

You can and should file for past years now.

  • Do you know how the past ones can be filed? Can the previous 8843 forms be sent along with the one that I have to file this year?
    – Heisenberg
    Jan 23 '20 at 22:23

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