1

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 '13 at 7:08
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If you elect (or your wife, rather) to have you taxed as a US resident - then you can also get the credits.

  • 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 '13 at 5:57
  • Oh... yes:) if you otherwise qualify, that is. See here: irs.gov/publications/p970/… – littleadv Apr 13 '13 at 6:07

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