Hi,
I am on H1-B & my wife, who is right now on H4-B, will be going to university from Sept 07 onwards and will be changing to F1. Can I file 2007 tax as Married filing Jointly & claim my wife as a dependent, so that I can get the credit of filing jointly.

Thanks
Veerendra

Veerendra:

Yes, you and your wife can still file jontly. She must sign a statement that says she is a non-resident alien spouse who chooses to file as a resident alien.

In making this choice, she makes herself liable for Social Security and Medicare taxes if she works while on F-1 status. Normally, students on F-1 status are exempt from these taxes due to being non-resident aliens.