Hi,
I went through various forums and got confused.

I came to US in H4 on Dec 2008. Started attending school from Jan 2010 . Filed for change of status from H4 to F1 and got it approved on Aug 2010. I had been filing taxes until 2010 as married filing jointly with my husband who is in H1 from Nov 2007. I got the 1098T for year 2010. But this year(2011), my school says I am not eligible for 1098T. Please clarify me on this.

I would like to file my taxes jointly with my husband. Please advise me on this asap. Thanks so much.

If 1098T is not applicable to me, can I still claim my tuition fee as deduction while filing jointly.

3) Also some forums say that I can still be considered resident for tax purpose if I file jointly. Is it true? I am really confused. Please help!!

Please advise me on this asap. Thanks so much.

The school is wrong.

Since you are filing jointly with your husband, you are considered to be a resident alien for tax purposes and you CAN claim the eduation credits (to include the American Opportunity Credit).

Go back to the school and try to convince them to issue the Form 1098-T. If they will not, you can still claim the credits by using your tuition payment records.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.

Thanks so much. I explained them again and got the 1098T. Thanks for your explanation.

Glad to help!