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maximus777
Dec 6, 2012, 09:58 AM
Hi all,

Here is my situation. I am on H1-B visa for the entire year 2012. My wife was on H4 visa from January through August this year. In August she changed her status to F-1 visa and will be on it until the end of this year. In this situation, can I claim her as a dependent on my taxes and file jointly? Any suggestions regarding lessening my tax burden would be greatly appreciated. Thanks in advance.

AtlantaTaxExpert
Dec 6, 2012, 10:24 AM
Yes, you CAN file jointly, but she is NOT your dependent, she is your co-filer.

She must sign a statement (submitted with the return) that she chooses to be treated as a resident alien.

She still retains her exemption from FICA (Social Security and Medicare) taxes even if she files jointly with you.

maximus777
Dec 6, 2012, 02:35 PM
Thank you AtlantaTaxExpert. In this case, would it be possible for me to get any education expenses (tuition etc. which I incurred on my wife's education) related tax benefits? Thanks again.

AtlantaTaxExpert
Dec 6, 2012, 06:27 PM
Yes, you are authorized the same credits and deductions that a U.S. citizen can get.