[retcool13]

Hi I am on F-1 Visa and have been in the US for over 5 yrs.
I know I have I have to use 1040 not 1040NR. My questions are as follows
1. I am married and my wife has not been here for over 5 yrs.She is on F-1 visa too but no income. Can we still file jointly as residents?
2. If we file jointly as residents, Can I claim education fee deduction i.e. Hope credit as we pay my wife's entire tuition?
3. If I can deduct Hope credit, I get all my taxes money refunded, is that fine?

Thank you for this really useful forum.

[AtlantaTaxExpert]

1) Yes, but doing so makes your wife a resident alien and, if she works in 2007, she pays Social Security and Medicare taxes.

2) Yes.

3) If the credit gives you all your withheld taxes back, so be it.

[retcool13]

Thank you Atlanta tax expert for the quick reply.

I had one query based on your reply. You said that my wife would be subject to medicare/SS.

My question is will she not be able to get exemption based on Student FICA exemptions as she can only work in her college anyway as undergraduate student helper?

Thank again

[AtlantaTaxExpert]

If she works for her university ON university grounds, then it is possible she, like all other student workers, are exempt from Social Security and perhaps Medicare taxes.

That exemption applies to ALL student, not just those on a F-1 visa.

[retcool13]

Thank you for conforming that.
Have a great year.

[AtlantaTaxExpert]

Glad to help!