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-   -   Form 1040NR Vs 1040 for indian Student on F1/OPT (https://www.askmehelpdesk.com/showthread.php?t=333931)

  • Mar 25, 2009, 06:04 PM
    tax_anuj
    Form 1040NR Vs 1040 for indian Student on F1/OPT
    I am an Indian Student.
    During 2008, I was on F1 status and worked from July 08 to Dec 08 on OPT.
    Is there any way I can choose to file 1040 (for resident aliens) instead of 1040NR (for non resident aliens).
    The reason I am asking this is because I want to claim the following:
    1. Married filing jointly status. - Non resident aliens can not use this status as per IRS web site.
    2. Education credit for tution fees that I paid for my spouse (she too is on F1 status in USA). - Non resident aliens can not claim education credit.

    Please let me know if there is any way around to get above deductions.
  • Mar 25, 2009, 07:41 PM
    MukatA

    No, both of you must file separate returns as nonresidents.

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