I came to us since sep. 2006 as f1. My husband came to us as f2 since nov. 2006. We never left us. My husband changed his visa status to f1 in July 2007. Due to this visa changing in us, he cannot benefit from the tax treaty between china and us. I am still exempted by this teaty.
According to the "substantial presence test", my husband is qualified for a resident, and without any treaty exemption. We are not sure about this, and afraid of the government penalty.
Questions: can my husband use resident tax preparing? And apply "married fill separated" status? And for me, just need fill form 8233?
