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dbd77
Feb 18, 2012, 10:28 PM
Hi,

I am on L1 A visa and have moved to the US August 2011. My husband is on L2 Visa and is a student but not earning income. We both have SSN's. I have received a W2 form from my employer
Questions
1. Are we classified as non resident aliens?
2. How can we file taxes jointly and which form 1040NR or 1040 EZ?
3. Also will I be applicable for tuition deduction as I paid my husband's fees?

Thanks

AtlantaTaxExpert
Feb 21, 2012, 03:47 PM
If you wait until sometime in May 2012 to file, you can file JOINTLY and both CHOOSE to be treated as resident aliens for ALL of 2011.

You must claim ALL world-wide income, and then file Form 1116 to claim the Foreign Tax Credit.

By filing this way, you probably WILL qualify to claim an education credit, provided your income is NOT too high.

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.