Hi,

I was in OPT from May 2005 to Jan 2006. In feb, I changed my status to H1B. My spouse changed her status from F2 to H4 to F1 all in 2006. My son changed from F2 to H4 in Feb 2006. When I was in OPT, I was not able to claim my son as dependent, but I could claim my spouse as dependent and used 1040NR. Please advise what type of form to use for 2006 and some tips to claim high deduction.

Thanks.

First, if you could claim your husband as a dependent in 2005, you should have been able to claim your son. The only time this is not true is if you are filing jointly with your husband, which you could not do as a non-resident alien. To be sure, I would need more information as to when your husband and son arrived in country.

For 2006, you can file jointly with your husband as resident aliens, and tha is probably the best way for you to file. For sure, you will be able to claim your son as a dependent in 2006.

What is your husband doing? Is he working, attending school, etc.

Did you have to move after your OPT?

My spouse and son arrived June 2005. My spouse is studying in College and I pay her tuition fees which comes to $ 7,000 in 2006 and she is in F1 currently. I heard that student loans get tax credit. Is it true? Thank you very much for your advice

Yes, you should be able to claim the tution credits on your 2006 tax return IF you file jointly with your spouse, filing Form 1040.

If you need my professional tax help, contact me at [email protected].