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

    Mar 11, 2008, 07:39 AM
    Can F1 Wife file tax with H1 Husband
    Hi,
    I am an F1 international student currently on OPT. My husband is in H1B. I had an assistantship at school last year and I was a teaching assistant. Can I file my tax returns with my husband as married filing tax separately. My husband paid my school fees last year. Can I show that for deductions and file as married filing tax separately. Please advice. We are confused.
    Thanks in advance.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 13, 2008, 05:13 AM
    Yes, you can file as Married Filing Separately, but you can only file nonresident tax return.

    You can also file resident tax return as Married Filing Jointly if your husband meets SPT. On this return you can deduction tuition expenses. But your OPT income will become subject to FICA taxes. You must inform your employer that you have chosen to file resident return.
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