Hi All,
I am an Italian Researcher (J1-Visa) immigrated in the US on November 2008. My wife immigrated on the same date (J2) and she does not work.
We filed as nonresident aliens for 2009, but it is my understanding that we are both resident aliens from January 1 2010, and my intention is to file form 1040 as MFJ.
However, from Jan to Oct 2010 my earnings were detaxed by Tax Treaty (and I received a form 1042-S for that). In Nov, Dic my earnings were taxed and I got a form W-2.
Despite I got W-2 earnings for just 2 months, TurboTax still allows me to take the full standard deduction which brings my taxable income to 0. Moreover, I am apparently entitled for EIC and other credits solely calculated on my limited W-2 income!
So, my tax return will be nearly twice as much the taxes already withheld on my W-2!!
I am actually wondering that there might be something wrong with that. Can anybody help me through this?

If you have already filed on-line, expect an audit, because you had to explain the tax-exempt status of your income as a researcher using Form 8833, which would dictate that the return be mailed.

If you have NOT yet filed, then contact me at the email below; we have MUCH to discuss.

If you need professional help filing your return, email me at [email protected] or [email protected].

If you have already filed on-line, expect an audit, because you had to explain the tax-exempt status of your income as a researcher using Form 8833, which would dictate that the return be mailed.

If you have NOT yet filed, then contact me at the email below; we have MUCH to discuss.

If you need professional help filing your return, email me at [email protected] or [email protected].

Thank you. Situation has changed a lot since April 3. I already filed by mail (as per your suggestion) explaining my tax-exempt status and making the "first-year choice". The amount of my return is still good even if I can't claim the EIC (as I expected). I brought my return to the IRS office for check, and it was found OK.

If you still think there are something to discuss, tell me and I'll be happy to contact you.

Thanks again,

Francesco

If you sent Form 8833 with the return, then you should be okay.