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Country: Hong Kong
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Posted

Hello,

I married USC last year and approved AOS. We have some questions about filing the taxes together. My wife (USC) is working full time and I am a full time student. We uses H&R Block tax prep online but we are not sure if I can claim any of the credits, for example the American Opportunity Credit or the Lifetime Learning credit.

I know it's already passes the tax filing time and we had filed extension.

Any help would be greatly appreciated!

Thank you!!!

Posted

If you are doing a graduate degree then you cannot claim AIC credits. You can only claim Lifetime learning for graduate degrees. You can claim both types if your education was for an undergraduate degree. But yes you can claim any of the education credits if you are filing jointly with the US citizen and you are eligible.

But you need to sign a letter which states that you would like to be treated as a resident for tax purposes for the tax year 2014.

Adjusting from F-1 Visa

**************************************************************************************************

Day XX >> March 07,2015 --- Sent AOS Package containing I-130, I-485, I-765.
Day 01 >> March 09, 2015 --- USPS delivered the package to Chicago Lockbox.
Day 08 >> March 16, 2015 --- Received text messages and email notifications for 3 different Receipt numbers.
Day 09 >> March 17, 2015 --- Checks were cashed.
Day 12 >> March 20, 2015 --- Received NOA1 for I-130, I-485 and I-765.

Day 20 >> March 28, 2015 --- Received letter for biometrics appointment.
Day 29 >> April 6, 2015 --- Successfully completed the scheduled biometrics appointment (took only 10 minutes, very good staff in Albany :thumbs: )

Day 79 >> May 26, 2015 --- Contacted USCIS to raise a service request for I-765

Day 80 >> May 27, 2015 --- Received an email notification and the case status for I-765 changed to indicate that employment card for I-765 was ordered

Day 85 >> June 01, 2015 --- EAD Card was mailed

Day 88 >> June 04, 2015 --- Received the EAD Card

Day 117 >> July 03, 2015 --- Received the email and the case status for I-485 changed to show interview is scheduled for July 30.

Day 144 >> July 30, 2015 --- Had our interview and got approved immediately. Case status was updated to show that the Green Card is being produced :)

Day 166 >> August 21, 2015 --- Case status updated to "Green card was mailed" (did not see any tracking number)

Day 169 >> August 24, 2015 --- Received 2 year Conditional GC in mail. :dance:

 
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