Form 8863 for wife on F1 Visa- Married Filing Jointly

[MaruChan0000]

Hello,

My wife is currently on F1 Visa. She paid her tuition fees by herself few months before our wedding. Now we are married, I am filing our tax as married filing jointly. I am resident for tax purposes but she is not.

Can I add form 8863 to my tax returns?

Thanks in Advance.

[Critter]

Only if you file a joint return can you use the form 8863. 

[pk]

@MaruChan0000 , first we need to know your and your wife's visa status;  when did she enter the country with F-1 ; is it still valid; what country are you from and she from ;   did you get married in the USA or back in your home country; did you each assert treaty benefits; do you both have  TIN   ( SSN or ITIN ); is she s grad student or an undergrad;  has she ever claimed educational credits before?

The answer as to whether you can file jointly would depend on answers to above questions and thereafter whether you can claim American opportunity credit