Hi,

I have been in the US since mid 2007. I am on F1. For the year 2008, I got a W2 (for research assistantship) and a 1042S (for fellowship) which has federal taxes withheld. I married a resident alien in 2008 who got W2s only.

What status can we file in and what forms to use? If we file as "married jointly" on the normal 1040 for residents, where do we need to report the 1042S income and deduction?

Thanks

MukatA

Yes, if your spouse is resident, then you can choose to file resident tax return for 2008. You must pay FICA taxes from 2009.

If you are a degree candidate and if the financial aid (includes scholarship and fellowship) is for tuition fee, other fees, books, supplies and equipment, then it is not taxable. For a degree candidate aid for boarding and travel are taxable.
If you are not a degree candidate, then all the financial aid is taxable. Read scholarship and fellowship grants, Your U.S. Tax Return: The U.S. Income Tax Topics 1

xyz2206

Thanks for the answer. that helps a lot! About the FICA taxes for 2009, my college payroll will not be deducting them from my salary since in their system I am non-resident until 2012. Should I pay them with the 2009 return next year? Is there another way to keep paying in 2008?

AtlantaTaxExpert

Actually, you are NOT liable for FICA. See link below:

Nonresident Spouse Treated as a Resident