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    alienstuent's Avatar
    alienstuent Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 4, 2009, 04:27 PM
    Tax for F1 visa for more than 5 years
    Hi,

    I have been student since 2003 and have been filling taxes since then.
    I am married and I have a kid born here in US. I have been filing 1040NR-EZ from 2003 till 2007. I looked at my W2 and found out that the school did not deduct FICA or Medicare.

    I have got few questions.
    1. Am I now considered as resident for tax purpose.
    2. What form do I need to file?
    3. Do I still need to file for 8843?
    4. Can I file my tax as married from now. Although may be I cannot file joint tax return this year because this will be my wife's 3rd year of tax filing. My wife worked half a year in her OPT and applied to change her status to F2.
    5. Will I be able to claim deductible including my child's deductible.
    6. Do I need to tell my tax official in my school that it has been 5 yrs of tax filing for me.

    Anymore suggestion in addition to my questions will be highly appreciated.

    Thank for helping me out.
    Happy New Year
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Jan 4, 2009, 11:55 PM

    1. Yes, you will file resident tax return.
    2. No
    3. Form 1040EZ or 1040
    4. File married filing jointly. It does not matter what is the status of your wife. Even she has never been to the U.S. you can file joint return.
    5. Yes. You will get child tax credit and even EIC.
    6. Yes, you must pay FICA taxes on you income in the 6th year. Your wife can still take benefit of F1 status.

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