the 5-year is 5 calendar years (tax years). your
hubby should already filed tax for 5 times and last
year was resident alien for whole year. he could
choose to be treated as non-resident alien if include
a letter stating he has no intent to stay in the US...
see pub 519. however, doing so probably gives him and
you no benefits.
1042-S is just part of your income. all income show
on 1042-S can be exempted from tax for chinese students.
you could file jointly as resident (1040). you are
not his d
