[~Edo~]

Hi, I'm currently in my 4th year under my F-1 visa and I married to a US citizen in 2009. We want to file our tax jointly (1040) for 2009 so I'll be treated as a residential alien.

However, my W-2 only shows my income after the $5000 f-1 China-US tax treaty and I also have a 1042-S form for 2009. We were trying to efile and mail 1040X to clarify that I wanted to be treated as a residential alien.

I understand that I won't be able to have tax treaty if I'm treated as a resident alien except a few "exceptions" (which IRS didn't specify). What should I report my income for 2009? My online taxsoftware told me to report exactly as W-2 box 1 (which is after $5000 deduction), but I'm not sure if it's the right way to do so. Is there a way to report this $5000? We really want to do it right since this is our first joint return.

Thank you in advance!

[MukatA]

Report income as on W-2, you will get treaty deduction.