Hi,

I was on H1 visa for the entire period of 2007 and I got married in Jan 2007 in India and came back with my wife in Feb 2007. She came on H4 visa and then started her masters on H4 visa and got it converted to F1 status here in the US itself. She has been working on campus since Sep 2007 and her income for the 2007 period is $762.

I was a little confused when I read some of the other answers. So here are my doubts:

1) To get max. tax benefits I think I should be filing jointly with her since I paid her tuition for the Fall semester and she earned only a small amount. Is that correct? She will probably start her OPT sometime in Fall 2009. Does that affect the situation in any way?

2) Does she need to file for revocation of status if we file jointly for 2007?

Any help would be highly appreciated?

Thank you

1) That is correct; filing jointly will produce the best refund tax-wise.

2) No. She can continue as a F-1 student and, under new IRS guidance, is STILL exempt from FICA taxes while on CPT or OPT.