H4 visa - American opportunity credit ?

[vivek250592]

Spouse on H4 Visa entered USA on may 2022. I am on H1B since 5 years, total 8 years in USA. I am a resident alien, assuming my wife is also a resident alien if we are filing taxes jointly. I paid for my spouse online master's education for fall sem and she did get a 1098-T form. Now in the turbo-tax or any other questionnaires they are asking if my spouse completed first 4 years of post-secondary education before 2022 ? She has a 3 year bachelor degree from India and worked for 2 years. She didn't study 4 years post secondary to get her bachelor degree and now she is in graduate school online. Is she eligible for American opportunity credit or at least lifetime learning credit ?

[DanaB27 · Accepted solution]

No, she won't be eligible for the American Opportunity Credit if she is in graduate school but she might qualify for the Lifetime Learning Credit.

Please see What education tax credits are available? for additional information.

Yes, your wife is considered to be a resident for tax purposes because she met the Substantial Presence Test in 2022. Also, residents can choose to treat the nonresident as a resident and file a joint tax return.