Can a foreigner filing US taxes as resident claim Lifetime Learning credit?

Question

Since I am married to a US citizen, I can make an election to file my taxes as a resident.

Both me and my wife are graduate students and have been paying tuitions for 2012.

If we file MFJ, can both my wife and I claim the Lifetime Learning credit for tuition per person?

For 2012 I as a F1 student (non resident alien for IRS), but being married to a US citizen, I can make an election to file my taxes as a resident.

We have no other credits or deductions to make besides the standard and personal deductions

I edited the question title to make it less confusing. You're not asking about filing as IRS non-resident. — littleadv, Apr 13, 2013 at 7:08

littleadv · Accepted Answer · 2013-04-13 05:45:17Z

2

If you elect (or your wife, rather) to have you taxed as a US resident - then you can also get the credits.

answered Apr 13, 2013 at 5:45

littleadv

162k15 gold badges274 silver badges451 bronze badges

so the LLC is "double" on our joint return? (since I paid at-least as much as she did for my own expenses)
– sekharan
Apr 13, 2013 at 5:57
Oh... yes:) if you otherwise qualify, that is. See here: irs.gov/publications/p970/…
– littleadv
Apr 13, 2013 at 6:07

Add a comment |

1 Answer 1