Married Citizen

[pinkplumage]

I am on F-1 student visa. I am not working. I married my husband 12/29/2009. Can my husband as a citizen file jointly? In other words, can my husband claim me on his 2009 tax return? Is it possible to claim my tuition in his tax return?
(my tuition - out of state tuition)

I don't have any other income from my country.

 

[nelsona]

Yes. You should also be cnaging your status to GC.

 

[TheRealCanadian]

Yes. You should also be cnaging your status to GC.

Can she claim residency if she's on an F-1, married or not?

 

[nelsona]

Her husband and she can elect to file jointly and elect to treat her as resident. this election is available to any spouse, even if they have never set foot in US, so it certainly is available to F and J non-immigrant spouses here in US.

Also, depending on country treaty, F and J can elect in any event to be treated as residents under non-discrimination clauses.

But, no need for treaty here: all US citizens can use this.