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    hitesh2004's Avatar
    hitesh2004 Posts: 2, Reputation: 1
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    #1

    Feb 22, 2011, 09:10 PM
    Tax Solution
    I am on F1 visa (Graduate) and married. My wife has no SSN. I think she has to apply ITIN. Last year I worked on CPT status. I received W2. I was graduate student and I also have 1098T form University. Can I use 1098 T for Tuition Credit. Which form do I need to fill? Should I file taxes as Married filling jointly or married filing separately? Look forward for your reply. Thank You.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 23, 2011, 01:46 PM
    You CANNOT file jointly, because you are a non-resident alien and must file Form 1040NR or 1040NR-EZ, plus Form 8843 plus the state tax return.

    You CANNOT claim the tuition credit if you file as a non-resident alien; you are NOT eligibel for such credits.

    You MAY be able to claim your wife as a dependent; that depends on your home country.

    What is your home country?
    hitesh2004's Avatar
    hitesh2004 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 23, 2011, 09:01 PM

    My Home Country is India.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 24, 2011, 10:34 AM
    Indian students CAN claim their spouses as dependents if the spouse in the U.S. and if they have no gross income earned from a U.S.-source.
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