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    veerendra's Avatar
    veerendra Posts: 2, Reputation: 1
    New Member
    		  
    #1

    May 31, 2007, 06:28 PM
    H1-B with F1 spouse
    Hi,
    I am on H1-B & my wife, who is right now on H4-B, will be going to university from Sept 07 onwards and will be changing to F1. Can I file 2007 tax as Married filing Jointly & claim my wife as a dependent, so that I can get the credit of filing jointly.

    Thanks
    Veerendra
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jun 4, 2007, 07:37 AM
    Veerendra:

    Yes, you and your wife can still file jontly. She must sign a statement that says she is a non-resident alien spouse who chooses to file as a resident alien.

    In making this choice, she makes herself liable for Social Security and Medicare taxes if she works while on F-1 status. Normally, students on F-1 status are exempt from these taxes due to being non-resident aliens.
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