Hi expert,

Could anyone help me with these questions? I will really appreciate your help.


My husband and I are both F-1 student from China.

1. Should we file tax return together or separately? I am trying to file jointly because we both want to take advantage of education opportunity which only benefit people married but file jointly.

2. There is mistake on my husband's W-2, which said he is single. How should we correct this?

3. My wage was from my internship. But my employer mistakenly treated me as a citizen because they even got me social security and medicare tax withhold. But they have let me file some forms to IRS get these two back. That is fine. But the federal withhold is still calculated as a way I am citizen. So even I take treaty and expemtion into consideration, I still owe money. So should I file 1042 as citizen or something else I could fix this?

So confused! Please advise. Thank you in advance!! :)

If you have not completed 5 years on F-1, both of you must file nonresident tax return Form 1040NR or 1040NR-EZ with form 8843. You can not file joint return. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

If you have not completed 5 years on F-1, both of you must file nonresident tax return Form 1040NR or 1040NR-EZ with form 8843. You can not file joint return. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

Thank you for your answer. Another question is if

Oops~~ Please ignore the message above.

Thank you for your answer. Another question is if I could claim the new vehicle sales and exercies tax as itermized deduction?

I have asked this question as a new post. But did not get reply yet.

No, the new vehicle sales and excise tax deduction is for resident aliens and U.S. citizens only; non-resident aliens CANNOT claim this deduction.