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    goodies777's Avatar
    goodies777 Posts: 2, Reputation: 1
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    #1

    Mar 28, 2011, 06:15 PM
    My husband is F-1 & I'm H1b can I file as a head of household?
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 29, 2011, 09:09 AM
    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].

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