I am sorry if this is a repetitive question.. I got married on May 16th to a man from France (I am from the us). From Jan 01 05 -aug16th 05 he was working on an OPT. He got social security, Medicare and state/city taxes taken out (we live in NYC) I have heard that they are not suppose to be taken out and you can file papers to get the money back but I have heard lots of mixed things from the IRS and H&R block stating how to go about it and then form the IRS that you can’t. If you could shed some light on this that would be great. Thanks

Alevizos:

If he files as a non-resident alien, then he can file Form 843 to claim the refund of the Social Security or Medicare taxes withheld in error (this assumes he is on a F-1 visa while on OPT).

If he files jointly with you as a resident alien, he cannot file Form 843.