My husband is F-1 and claims his status as non-resident because he has been in the US less than 5 calendar years. I'm H1b. Can I file as single/head of household? Or can we file married jointly?

I have two kids. One is US citizen and the other is not. I am bring more than 50% of income. They live with me

Thx

You can file jointly with your husband and he will CHOOSE to be treated as a resident alien.

This way, you can claim both children, pay taxes against the favorable JOINT tax rate, get the Child Tax Credit, and yet have your husband still retain his F-1 status and his FICA tax exemption.

If you need professional help filing your return, email me at [email protected] or [email protected].