My husband and I arrived in the USA in 2006 on a J-1 visa and J-2 visa. Both of us have filed forms 1040 NR and 8843 for 2006 and 2007. We hold a Chinese passport. Which 1040 form do we file for 2008? Do we still need to file 8843?

Thanks.

J-1 what? Student, intern, teacher, researcher...

J-1 researcher. IRS officer said we may need to fill 1040. Which is better, filing jointly or filing separately. How to get the exempt of tax according to the chinese-american treaty?

Thanks!

Hopefully you did NOT follow the IRS officer's advice, because, under the U.S.-China Tax Treaty, your husband's J-1 researcher status is good for three years, which would cover 2008.

As a researcher, your husband is completely exempt from federal income taxes for 2008 (though he probably still owes state income taxes).

He also became liable for FICA (Social Security and Medicare) taxes starting on 1 January 2008.