[imadthegreat]

Hi

I am on H1. Last year(tax return for 2006) I had to file dual status return. This year I got married in Pakistan in June. My wife arrived US on H4 on September 8th 2007. She doesn't work. I am filing "Married filing jointly" which I think is the recommendation here. I also go to Purdue and have paid $14000 in 2007. University made a mistake in my 1098T form and my 1098T says that $2000 were billed as opposed to $14000 and also in the first box in 1098T it does not list the amount paid although I have paid $14000. I talked to University and they gave me all the receipts because they do not issue a new 1098T. I have also asked them to issue me a letter that says that university has issued an incorrect 1098T. Will that be enough to attach or should I also ask for something else from my University.

I am going to mail my tax return to where W7 application is sent as my wife does not have an SSN.

Please let me know if I am doing something wrong or I need to do something in addition.

Thanks
Imad

[MukatA]

Maximum education expenses that you can claim in 2007 is $4,000. You should claim this. You can't file Married Filing Separately and no double benefits are allowed.

[AtlantaTaxExpert]

Agreed!

You have clear proof that you paid the $4,000. You may want to attach the receipt that shows that you paid at least $4,000, just to counter a possible audit letter that cites the Form 1098-T amount.

You also need to attach a statement signed by your wife that she is the non-resident alien spouse of a resident alien (YOU) and that she CHOOSES to be treated as a resident alien for all of 2007.

Other than that, you are doing everything else correctly.

[imadthegreat]

Thanks ATE. What kind of statement does my wife need to sign? Is it a simple two line statement on plain A4 page that She is a non resident alien spouse of a resident alien?
On W7 does she have to check box "e - Spouse of US Citizen/Resident Alien"?

Also my university issued a new 1098-T that reflects the correct amount of $12000 paid in 2007. Also I am going to claim life time learning credit rather than education credit because lifetime learning credit gives me $2000 cash.

Imad

[MukatA]

For more on the statement read page 9 (Statement required to Make First Year Choice) of Publication 519: Tax For Aliens.
On W7, box e is correct.

[imadthegreat]

Thanks a lot Mukta(specialy even pointing me to the correct page). I found it in Pub 519 under "Non Resident Spouse Treated as a Resident".

One last question. Do we need to attach our marriage certificate. I do have an English translation for that.

Thanks
Imad

[MukatA]

For W7, the copy of passport is sufficient. Read instructions to W7.