Taxes for F-1 Visa into AOS Question

[QuoteTheBear 0]

Hey there, so I married my husband on June 9th, 2015. He was on an F-1 Visa and now we have an AOS currently pending. He can't work yet until his work permit comes in so he technically had no income, just some money his mother gives him to help with rent.

I work two full time jobs as well as run a small online company, I always file my taxes by myself since starting this company, and I use HR Block with no issues for 3 years now.

But this is something I keep getting mixed answers about: I'm my husbands wife but I'm also his "sponsor" or person who's paying for his well being, food, clothes, place to live, etc.

Should I be filing jointly during this AOS process, but should I also be claiming my husbands tuition costs that we both paid over this past year? ($11000)

Is there a way to show that I've been taking care of him? One of my HR departments at work have him as a dependent because of his status of not working. But I wasn't sure if I needed to file him as one.

This is my first year filing jointly, thanks very much for your help!

[aaron2020 11,651]

Hey there, so I married my husband on June 9th, 2015. He was on an F-1 Visa and now we have an AOS currently pending. He can't work yet until his work permit comes in so he technically had no income, just some money his mother gives him to help with rent.

I work two full time jobs as well as run a small online company, I always file my taxes by myself since starting this company, and I use HR Block with no issues for 3 years now.

But this is something I keep getting mixed answers about: I'm my husbands wife but I'm also his "sponsor" or person who's paying for his well being, food, clothes, place to live, etc. Does not matter for tax purposes.

Should I be filing jointly during this AOS process, but should I also be claiming my husbands tuition costs that we both paid over this past year? ($11000) You can file a joint return for 2015. You can not claim tuition credits since your husband was an international student. Tuition tax credits are only for residents.

Is there a way to show that I've been taking care of him? Doesn't matter. You taking care of him is not a basis to file a joint return. His status as your spouse alone allows him to file a joint return with you. One of my HR departments at work have him as a dependent because of his status of not working. Your work classifying him as a dependent has nothing to do with his tax status. But I wasn't sure if I needed to file him as one. A spouse is never a dependent. You can file a joint return with a spouse based on marital status. You can not file with a spouse as a dependent.

This is my first year filing jointly, thanks very much for your help!

Hi,

Go to a real accountant. Don't go to H&R Block where staffs are poorly trained.

Best of luck

[QuoteTheBear 0]

Thank you for your reply, I just needed to know those answers. Much appreciated!