I'm hoping someone has some insight on this.
I have a new client. The basic situation is that husband is a US Citizen and wife is a non-resident alien. She entered the country on a J-1 visa in April of 2018. She worked as an au pair through October 2019. They got married September 2019.
She filed her own 2018 1040NR-EZ and paid the tax. She did not, however, file Form 8843.
My question in filing the amended NR-EZ and accompanying 8843 is how to answer the Schedule OI and 8843 questions related to type of Visa, change in immigration status and whether or not you have applied for a Green Card.
If she had filled this out at the time of filing the original return, she would still be on her J-1 visa and would not have applied for a green card. Now she is not J-1 and has applied for a green card. Do I answer the questions based on now when we are filling out the form and filing it or based on status for the tax year or time it should have been filed? I have searched and cannot find any guidance on this. There also are no qualifiers in the questions like "at the end of the tax year" or "at any time during the year", etc.
I appreciate any help anyone can offer and best of luck to all with managing this current crunch we are all under!