Hi All,
- I am on H1B and my wife on H4.
- I have been working in the state of Illinois from Nov 2004, so I have filled my taxes for year 2004 & 2005.
- I have paid my wife's tuition for here college (M.S degree) in 2005 & I have also paid his year. (she is still on H4 visa)

Would I be considered a resident alien & could I get tax benefits for paying for my wife's higher education ? If I am a non-resident alien, would I get tax benefits?

Please advice on claiming appropriate tax benefits

Thanks

You would NOT get the education credit if you filed as a non-resident alien.

However, based on what you have told me, you and your wife should file as resident aliens for 2005 and 2006, which means you CAN claim the education credits or deductions.

If you need my help professionally to file these returns, contact me at [email protected].