Hello,

I need urgent help!
I am F1 student, and my husband is F2 from Oct. 2009, but he worked with F1-OPT from Oct 2008- Sep 2009.
We both came US in 2006.
I think we need to file separately as NON-Resident Alien. Is it right?
Also, can my husband claim tax treaty for Korean?
Somehow, CINTAX program says he can't... I do not understand why...
Can anyone answer this for me?

Yes, he will file nonresident tax return and Form 8843. He will get treaty deduction as he had income during F1 or OPT. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)